The Dawn of Collective Redress 3.0 in France?

Abstract

France is a country with a long tradition of collective proceedings in general but has only a limited experience when it comes to group actions in particular (which are called in French ‘actions de groupe’). This procedural instrument was formally adopted in 2014 after decades of tense debates and controversies. Its subsequent developments have been patchy and the problems plaguing its functioning and its added value for harmed individuals remain multiple in practice. Unexpectedly, the development of group actions in France has triggered several interesting evolutions. They have first revitalised old and pre-existing procedural mechanisms, which were until now rarely used. Second, they have indirectly contributed to the emergence of a myriad of new Legaltech actors attracted by an emerging mass litigation market in France. These actors use online tools and platforms for mobilising individual claimants, hence structuring mass claims. In parallel, the recent EU initiatives, and in particular the adoption in November 2020 of Directive 2020/1828 on representative actions for the protection of the collective interest of consumers, are likely to have an important impact on the French collective redress landscape. In other words, France may be at the dawn of a new era, the one of ‘collective redress 3.0’.