The brand new Group action regime (Law No. 2025-391 of April 30, 2025) transposing the Representative Actions Directive

After the abandonment of the bill on group action that had kept the French Parliament busy between 2020 and 2024[1], the law transposing various provisions from European Union law adopted the new group actions regime on April 30[2].

Several improvements should be highlighted, since they significantly change the framework within which Group actions will be brought.

The scope has been broadened to form a truly unified framework applicable to any breach by a professional of their legal or contractual obligations. However, an exception remains in the field of public health, where only breaches by a manufacturer or supplier of health products -listed by the Public Health Code- of their legal or contractual obligations may be subject to a group action. 

The remedies have also been expanded to encompass the cessation, compensation or both ends. 

Standing to bring a Group action has been slightly extended, since non-profit associations that have been registered for two years, who can demonstrate that they have been actively and publicly operating for 24 consecutive months and whose statutory purpose includes the defense of interests that have been infringed, will be able to bring Group actions for injunction purposes only. Nevertheless, actions for damages remain the monopoly of approved associations, with ad hoc associations being excluded from the bill.

Third-party funding is explicitly allowed, under transparency requirements, and a decree should precise the terms and conditions for setting up such financing. 

Last, but not least, the myth of the French exception has been confirmed with the law transposing various provisions from European Union law since it introduced a civil penalty applicable for serial damage, the proceeds of which will be allocated to the financing fund, marks a radical change in that it could finally enable French class actions to become the powerful deterrent they were intended to be when they were introduced

[1] See our previous French updates in the earlier numbers of this review.

[2]  Law No. 2025-391 of April 30, 2025, containing various provisions adapting to European Union law in the areas of economics, finance, the environment, energy, transportation, health, and the movement of persons.