프랑스 소비자단체소송법 제정의 의의와 시사점

Abstract

In 2014, France finally adopted group action(Action de groupe) procedure in which associations represent claimants. France group actions were only available on the breaches of consumer and competition cases from the beginning of 2014, while the procedure has been extended also to health cases in 2016. The scope of France group actions are now trying to expand as to discriminatory/labor law, environmental issues, data protection/privacy matters in a draft under the parliamentary review. Consumer associations that are accredited by the government can claim compensation for individual damages suffered by consumers in a similar or identical situations. The court determines only the scope of group's criteria on the basis of advertisement in the media and sets cut-off dates to join the group. And then Claimants that meet criteria may join the group in an opt-in system. This joining periods have to be more than 2 months and less than 6 months after the end of public advertising notice period. These two step system, determining the group's criteria and claimants opt-in, can call it bifurcate system.

In 2014, France finally adopted group action(Action de groupe) procedure in which associations represent claimants. France group actions were only available on the breaches of consumer and competition cases from the beginning of 2014, while the procedure has been extended also to health cases in 2016. The scope of France group actions are now trying to expand as to discriminatory/labor law, environmental issues, data protection/privacy matters in a draft under the parliamentary review. Consumer associations that are accredited by the government can claim compensation for individual damages suffered by consumers in a similar or identical situations. The court determines only the scope of group's criteria on the basis of advertisement in the media and sets cut-off dates to join the group. And then Claimants that meet criteria may join the group in an opt-in system. This joining periods have to be more than 2 months and less than 6 months after the end of public advertising notice period. These two step system, determining the group's criteria and claimants opt-in, can call it bifurcate system.