France
Regime overview
Class actions “à la française”, i.e. with their own special features, were introduced into French law by Law no. 2014-344 of 17 March 2014. In subsequent years, several extensions in scope were adopted until there was a plan to reconsolidate the various regimes of French class actions into a simplified and more unified regime. The French system of class actions was thus expected to be thoroughly modified, as per a legislative bill in December 2022 filed at the French National Assembly. However, the French Senate disagreed on the amendments and the text was set aside.
From now on, the French government intends to focus on the (belated) transposition of the Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers, without adding any more far-reaching changes to the existing regime. A Government Bill was thus introduced on 31 October 2024. It will likely not be debated in public session in the National Assembly before early 2025.
Class actions in France are currently available in the fields of consumer protection, discrimination, environment, health products and personal data.
Class actions may be initiated to:
- put an end to the defendant’s failure to fulfill its statutory or contractual obligations;
- obtain compensation for the loss suffered1.
In consumer law, class actions are subject to a specific regime. It allows only for the compensation of losses, and only those resulting from a material damage.
Except in the case of health-related group actions, before bringing the class action, the plaintiff must give prior formal notice to the defendant to cease its wrongful actions or to compensate the damage suffered. The action is inadmissible until four months have lapsed from receipt of this formal notice (six months when in relation to a claim for discrimination)2. The filing of the class action interrupts the statute of limitation for collective proceedings, as well as the statute of limitation for individual actions for compensation based on the same facts as those underlying the class action.
There are two successive stages in French class actions:
- The Court first rules on the principle of the defendant’s liability. If the defendant is held liable, the Court must define the group of persons in respect of whom the defendant is liable and set the criteria for inclusion in the group. The decision must also determine the losses that may be compensated for each of the categories of persons making up the group. Finally, the decision must set the time limit within which persons who meet the criteria and wish to rely on the judgment on liability may join the group to obtain compensation for their losses.
- The judgment can then be enforced to obtain compensation for individual damages. The Court orders appropriate publicity at the defendant’s expense to inform people likely to have suffered losses as a result of the infringement giving rise to liability. Difficulties in enforcing judgments on liability in consumer law class actions must be referred to the Judge in charge of procedural matters.
Rules for commonality of claims/class certification
French national law provides for a class action procedure when “several persons placed in a similar situation suffer damage caused by the same person, having as its common cause a breach of the same nature of its legal or contractual obligations.”
The victims must be in a similar legal situation with regard to the infringement allegedly committed by the defendant. This does not mean that their individual situations must be identical, particularly with regard to the value of the loss suffered.
In France, class actions can only be brought by:
- authorized organizations (in consumer law matters, only authorized organizations may bring class action); and/or
- organizations that have been duly registered for at least five years, and whose statutory purpose includes the defense of interests that have been affected; and/or
- representative trade union organizations at company, branch or national level when related to a discrimination or data breach claim.
The above-mentioned qualified organizations can take legal action to require compensation for individual losses suffered by several victims. The losses must be caused by the same professional and have a common origin3.
The qualified organization must be mandated by at least two of the consumers concerned. These individual cases of these consumers are presented as the basis for the class action. This means that procedurally speaking the claimant is an organization meeting certain criteria, and not plaintiffs themselves even though a few individual plaintiffs have to be named in the claimant brief.
Class member participation (opt-in/opt-out)
Class actions in France are based on explicit adhesion, i.e. an opt-in system. Membership to the group is subject to the deadlines and conditions set by the judgment ruling on the defendant’s liability. Joining the group requires filing a request for compensation, which must notably contain the full name and address of the person concerned. It is necessary to prove that the criteria for inclusion in the group have been met.
By joining the group, the consumer mandated the qualified organization to act on their behalf to seek enforcement of the judgment on liability against the defendant company. Thus, the organization can then carry out all procedural acts on all members’ behalf in order to obtain compensation and falling within the scope of the class action, as well as exercise appeal rights.
If an individual fails to join the group within the time limits and in the form specified, his/her claim for compensation will be inadmissible, but only in the context of the class action. In other words, individual plaintiffs keep the right of initiating individual claims against the same defendant and for the same cause of action.
For defendants residing in France, the class action must be brought before the judicial court where the defendant has its domicile. For defendants residing outside France or having no known residence, exclusive jurisdiction is conferred to the Paris judicial court.
Once the court has ruled on liability, the procedure leading to a decision on compensation for damages can be of two types:
- Global agreement concerning all members can be authorized by the Court at the request of the claimant when the evidence produced and the nature of the losses allow it. This procedure is designed to deal with the simplest cases, i.e. those where the amount of damages is known at the time of the liability judgment or can be quantified. It implies a negotiation between the qualified organization and the defendant to determine the amount of the compensation for the members of the group. The agreement must then be referred to the Court for approval. The Court may refuse to do so if it considers that the interests of the parties and the members of the group are not sufficiently protected in the light of the judgment on liability. In such case, the Court will refer the matter back to negotiation.
- Compensation may also follow an individual procedure. Members of the group who meet the criteria and have joined the proceedings submit a claim for compensation, and the defendant pays individual compensation for the losses suffered.
Right to appeal
The judgment on liability may be subject to appeal under a fast-track procedure.
Litigation funding
Under the current legal regime for class actions, it is the qualified entity that bears the costs of the proceedings.
French law does not yet regulate third-party funding, so that it is neither organized nor forbidden as a matter of principle.
Note: Article 20 of Directive (EU) 2020/1828 provides that Member States must facilitate access to justice for entities (legal aid) and ensure that the costs of proceedings are not dissuasive by limiting the applicable fees or providing for public funding. The bill tabled by the French Government on 31 October 2024 does not appear to include such provisions.
However, Article 10 of the Government Bill does provide for a stricter framework for the funding of qualified entities and class actions, in order to prevent conflicts of interest. The Bill thus intends to regulate third-party funding in order to guarantee greater transparency and the absence of conflicts of interest. The absence of conflicts of interest will also be one of the criteria for cross-border approval as an authorized organization (as mentioned in question 3).
1A Government Bill tabled on October 31st, 2024 which has not yet been passed provides for compensation for all damages - bodily, material or moral - regardless of the field concerned by the action.
2The Government Bill tabled on 31st October, 2024 removes this condition.
3The Government Bill tabled on October 31st, 2024, which transposes Directive 2020/1828, will open up legal standing to qualified entities from other Member States, by means of a cross-border approval procedure set up in each Member State in accordance with the principle of mutual recognition. A list published in the Official Journal of the European Union will identify the organizations that have such authorization
What are the biggest takeaways you have regarding life sciences and health class actions in 2025?
Since their introduction into the French legislative landscape in 2016, health-related class actions have remained relatively rare, largely due to the stringent conditions required to bring such claims.
The reform introduced by the Act of 30 April 2025 (DDADUE 5), which transposes Directive (EU) 2020/1828 on representative actions and reforms the French class action regime, may gradually make this procedural mechanism more frequent within the life sciences and healthcare sectors. In short, this reform consolidates the various existing class action regimes into a single framework and introduces significant novel features. In particular, it expands the scope of breaches that may give rise to a class action to include any violation of legal or contractual obligations by a professional, and broadens the range of compensable damages to encompass any type of harm, regardless of its nature. This marks a clear departure from the previous framework, under which health-related class actions were limited to bodily injury.
The reform also generalises the dual purpose of class actions, allowing them to pursue both compensation and/or the cessation of unlawful practices. In addition, it widens the circle of potential claimants to include non-approved associations meeting specific criteria, representative trade unions, and public prosecutors. Courts are also empowered to impose civil fines of an amount up to five times the illicit gain resulting from the wrongdoing.
As of 2025, health-related collective litigation in France continues to arise primarily from product safety issues, particularly those involving medical devices, digital health technologies, and failures to comply with market surveillance obligations by manufacturers. While claimants seeking faster relief still tend to favour aggregated individual claims over class actions, the recent reforms—combined with heightened regulatory scrutiny in the life sciences sector—could encourage consumer and patients associations and other authorised entities to test the reformed mechanism in cases involving significant public health concerns.
What are the biggest trends you see affecting 2026 and beyond, and how can companies prepare?
Although health-related class actions have remained rare since their introduction in 2016, a series of legal and procedural developments could reshape the landscape from 2026 onwards.
The Act of 30 April 2025 (DDADUE 5) established a unified framework for all civil class actions, streamlining and harmonising France’s previously fragmented regimes. The reform is intended to enhance both the efficiency and accessibility of class actions by broadening the scope of eligible claims and expanding the categories of potential claimants. In the life sciences and healthcare sectors, these changes could be particularly significant in large-scale health disputes, where collective redress mechanisms may provide a more effective means of addressing systemic product safety concerns. The new framework is expected to lower procedural barriers for plaintiffs, making it easier to initiate such claims and potentially leading to an increase in their use in the years ahead. At the EU level, the revised Product Liability Directive (Directive (EU) 2024/2853), which must be transposed into French law before 2026 and will apply to products placed on the market or put into service from 9 December 2026, expands the range of potentially liable parties and introduces presumptions to facilitate proof of alleged defects. These changes are expected to simplify the pursuit of product liability claims and make them more amenable to class action proceedings and collective actions.
In parallel, the combined use of litigation funding, targeted online communications, notably on social media, and dedicated class action platforms is likely to further drive the development of class actions and collective actions. These tools enable the swift mobilisation of large groups of claimants and amplify both the visibility and the pressure surrounding high-profile health-related disputes.
What's new across France's key sectors
Life Sciences & Health Care
"The revised Product Liability Directive (Directive (EU) 2024/2853), which must be transposed into French law before 2026 and will apply to products placed on the market or put into service from 9 December 2026, expands the range of potentially liable parties and introduces presumptions to facilitate proof of alleged defects."
Automotive
"While there is no certainty on whether the class action procedural route would become more attractive in practice, it represents a potential litigation and reputational risk that should be contemplated by companies even more closely than before."
Technology
"Because they operate globally, in both a very regulated and harmonized legal environment, tech businesses face a genuine litigation contagion risk."
Data Security
"As our world has grown more connected and digitalized, smart, data-driven devices — including those that form the Internet of Things (IoT) — have become more prevalent."
Connect with us
Christelle Coslin
Partner Paris
Nicolas Rohfritsch
Senior Associate Paris
Cléa Dessault
Senior Associate Paris
