The judgment recognising the defendant’s liability shall set the period within which the defendant must implement the publicity measures ordered pursuant to the article 67 de la loi du 18 novembre 2016 aforementioned and, failing this, on expiry of which they will be carried out by the plaintiff in the action at the defendant’s expense.
The judgment recognising the defendant’s liability shall specify whether the individual reparation procedure or the collective procedure for the liquidation of damages is applied.
The information measures ordered by the judge shall include, in addition to any particulars prescribed by the judgment: 1° A reproduction of the operative part of the decision; 2° Depending on whether the collective winding-up procedure or the individual compensation procedure is applied, the contact details of the party or parties to whom each interested party may address their claim for compensation; > The form and content of the claim…
Joining the group takes the form of a request for compensation. It shall be made by any means enabling receipt to be acknowledged, in accordance with the procedures and within the time limit determined by the judge: 1° To one of the parties to the proceedings where the individual compensation procedure is applied; > To the claimant in the proceedings where the individual compensation procedure is applied; To the claimant…
In the context of the implementation of the individual procedure for compensation for damage, when the interested party addresses the claim for compensation directly to the person declared liable, he/she shall inform the claimant in the action or the claimant of his/her choice in the event of more than one claimant.
Persons likely to belong to the group who have not joined it within the period provided for in the judgment ruling on liability and under the conditions provided for in Article 849-13 are no longer entitled to claim their compensation in the group action and are not represented by the plaintiff in the action.
The power of attorney for the purposes of compensation given to the plaintiff in the action by virtue of the interested party’s membership of the group shall constitute authority to carry out on behalf of the latter all procedural acts and steps with a view to obtaining compensation for the loss suffered by it and falling within the scope of the group action, in particular for the exercise of remedies….
The claimant in the action who has received a mandate for the purposes of compensation is deemed to be a creditor, within the meaning of Articles L. 111-1 and L. 111-2 of the Code of Civil Enforcement Procedures, for the compulsory enforcement of the judgment rendered on the basis of Article 71 or Article 73 of the aforementioned Law of 18 November 2016.
In all acts relating to the court’s reparation of damages and the forced execution of the judgment, the plaintiff in the action shall specify, in addition to the particulars provided by law, on pain of nullity, the identity of the persons on whose behalf he is acting.
The plaintiff in the action shall open with the Caisse des dépôts et consignations an account specific to the group of injured parties defined by the judge. Subject to the Article 240 of Decree no. 91-1197 of 27 November 1991, any sum received under Articles 68 and 74 of the aforementioned Act of 18 November 2016 shall be immediately deposited by the plaintiff in the action in the account opened…
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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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