Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
14 - Class Action à la française
from Part III - Europe
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- Part II The Americas
- Part III Europe
- 9 English Systems of Multiparty Litigation
- 10 Class Actions in Switzerland
- 11 Class Actions in Belgium
- 12 The New Italian Regulation on Class Actions
- 13 Collective Litigation in German Civil Procedure
- 14 Class Action à la française
- 15 The Dutch Mechanisms for Collective Redress: Solid, and Excellent within Reach
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
Summary
The introduction of a group action within the French legal system has confirmed the widespread myth of the “French exception.” Indeed the legal features of the system, and the method used to enact them are very different from any other existing collective action in comparative law. After decades of debates, France only enshrined a first group action regulation in 2014. The rules passed before this regulation authorized only associations to sue professionals in courts for damages, and it was only in the collective interest of the groups that these actions could be brought. The 2014 French group action and the ones that followed, by contrast, allow individuals to get damages. However, the French model of group action remains very restricted in scope and specific in procedure. One main reason for these limitations is due to the need to enshrine a “virtuous” model that can protect the system from the purported “vices” of the American class actions.
- Type
- Chapter
- Information
- The Cambridge Handbook of Class ActionsAn International Survey, pp. 247 - 271Publisher: Cambridge University PressPrint publication year: 2021