Paris

The new french class action

Antitrust Procedure Workshop organized by Concurrences in partnership with Gide Loyrette Nouel.

GROUP ACTION: A LONG WAY TO GO

Catherine Prieto (Professor - La Sorbonne Law School, University Paris 1 Panthéon Sorbonne)

The group action provided for in the recently adopted mechanism has been long awaited. The joint representation action introduced in 1992 was a sad travesty since consumer associations were required to obtain a written mandate from the persons represented, while they were also absolutely forbidden to solicit them. This contradiction had been confirmed by the UFC-Que choisir? decision. (Civ. 1, 26 May 2011), in which it is regrettable that the parties did not invoke the useful effect of Article 101 TFEU. Indeed, it appears from the case law of the CJEU (in particular the Courage and Manfredi judgments) that the national judge is obliged not to apply a provision contrary to the effet utile. The principle of effectiveness prevails over procedural autonomy in order to guarantee victims’ right to reparation and its deterrent effect.

Photos © Léo-Paul Ridet.

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Speakers

  • University of Paris I Panthéon-Sorbonne
  • French Competition Authority (Paris)
  • White & Case (Paris)