France’s regime for group actions, which was created a decade ago, has been marked by significant complexity and limitations. Consequently, only a few dozen cases have materialized, with only one case leading to a conclusive liability judgment against a defendant.
Potential changes are on the horizon as the French legislature deliberates on the introduction of a draft bill known as “actions de groupe”. This bill, if passed, seeks to incorporate the EU Representative Actions Directive into national law, effectively simplifying the process of group actions despite the delay of over a year.
However, the bill’s passage has been stalled due to disagreements between the two chambers of the French legislature, causing a delay in passing a national law under the 2020 EU Representative Actions Directive. As a result, group actions and litigation funding remain at a standstill, according to legal professionals. This lack of consensus and the resulting delay highlight the challenges facing legislators as they navigate the intricate landscape of group action regulation.
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