Title II: LEGAL ACTION BY CONSUMER DEFENCE ASSOCIATIONS

The action mentioned in article L. 623-1 suspends the limitation period for individual actions for damages resulting from breaches established by the judgment provided for in articles L. 623-4 or L. 623-14.

The decisions provided for in articles L. 623-4 and L. 623-14 as well as that resulting from the application of article L. 623-23 are also res judicata with regard to each of the members of the group whose loss has been made good at the end of the proceedings.

Group membership does not preclude the right to take action under ordinary law to obtain compensation for losses not falling within the scope defined by the judge’s decision referred to in article L. 623-4 or an agreement approved pursuant to article L. 623-23.

The action provided for in Article L. 623-1 when it is based on the same facts, the same breaches and compensation for the same losses as those that have already been the subject of the judgment provided for in Article L. 623-4 or an agreement approved pursuant to article L. 623-23.

Any nationally representative consumer defence association approved pursuant to Article L. 811-1 may ask the court, from the time the matter is referred to it under Article L. 623-1 and at any time, its substitution in the rights of the applicant association, in the event of default by the latter.

Any clause the object or effect of which is to prohibit a consumer from taking part in a group action shall be deemed unwritten.