Only the applicant association may take part in mediation, under the conditions set out in the Chapter I of Title II of Law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, in order to obtain compensation for the individual losses mentioned in Article L. 623-1.
Any agreement negotiated on behalf of the group is subject to approval by the judge, who checks that it complies with the interests of those to whom it is intended to apply and gives it enforceability.This agreement specifies the publicity measures necessary to inform the consumers concerned of the possibility of joining it, as well as the time limits and procedures for this membership.
Where the breaches of which the trader is accused concern compliance with the rules defined in Title II of Book IV of the Commercial Code or Articles 101 and 102 of the Treaty on the Functioning of the European Union, the professional may only be held liable in the context of the action mentioned in Article L. 623-1 only on the basis of a decision handed down against the professional…
The action provided for in Article L. 623-1 may not be brought after a period of five years from the date on which the decision referred to in Article L. 623-24 is no longer subject to appeal.
As an exception to the provisions of Article L. 623-7, the judge may order provisional enforcement of the judgment referred to in Article L. 623-4 with regard to advertising measures only, to enable consumers to make their declarations within the allotted timeframe.
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.
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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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