When ruling on liability, the judge may order the professional to pay an advance on costs not included in the costs incurred by the association, including those relating to the implementation of article L. 623-13. It may order, where it deems it necessary and compatible with the nature of the case, the deposit at the Caisse des dépôts et consignations of part of the sums owed by the professional.
The association may, with the authorisation of the judge, appoint any person belonging to a regulated legal profession, the list of which is set by decree in the Conseil d’Etat, to assist it, in particular so that it can receive claims for compensation from the members of the group and more generally so that it can represent injured consumers to the professional, with a view to their compensation.
Where the identity and number of the consumers harmed are known and where these consumers have suffered harm of the same amount, of an identical amount per service provided or of an identical amount by reference to a period or duration, the court, after ruling on the trader’s liability, may order the trader to compensate them directly and individually, within a period and in accordance with procedures which it shall…
Prior to its enforcement by the trader and in accordance with the procedures and within the period set by the judge, the decision referred to in article L. 623-14, when it is no longer subject to ordinary appeal or to an appeal to the Supreme Court, shall be the subject of individual information measures for the consumers concerned, at the trader’s expense, to enable them to agree to be compensated…
In the event of non-performance by the trader, in respect of consumers who have accepted compensation, of the decision given within the time limit set, Articles L. 623-19 and L. 623-20 are applicable and acceptance of compensation under the terms of the decision constitutes a mandate for the purposes of compensation in favour of the association.
A decree in the Council of State shall lay down the conditions for the application of this section.
The trader shall provide individual compensation for the losses suffered by each consumer, under the conditions, limits and time limits set by the judgment referred to in Article L. 623-5.
The judge who has ruled on liability shall decide any difficulties that arise in connection with the implementation of the judgment.
The applicant association represents the consumer members of the group who have not been compensated by the trader within the time-limits set, for the purposes of compulsory enforcement of the judgment ruling on the claims for compensation to which the trader has failed to respond.
All costs and proportional fees for recovery or collection provided for in article L. 111-8 du code des procédures civiles d’exécution, for the application of sections 1, 2 and 4 of this chapter, shall be borne by the professional concerned.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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