The reform of the class action regime in France is part of the DDADUE law (Law no. 2025-391, enacted on April 30, 2025), which came into effect on May 3rd, 2025, and adapts national law to several changes in the European Union law in the fields of economics, finance, environment, energy, transport, health, and the movement of people.
The reform also aims to improve the efficiency of class actions, including by harmonizing the different class actions regimes existing under French law and expanding their scope and the list of potential claimants.
This Client Alert summarizes the key changes proposed in the reform.
The French legislator had been calling for this reform for several years, following reports pointing out the disappointing results of the class action mechanism introduced into French law in 2014.Information report n°3085 on the assessment and prospects of group actions of June 11, 2020 — Assemblée Nationale, page 6. The initial ambition in 2014 was to offer an effective collective recourse for consumers for better access to justice, while preventing abusive actions.
However, only about 30 class actions have been initiated since 2014, most of which were either unsuccessful or resulted in settlements. Several challenges were pointed out, including restrictive conditions for launching actions, lengthy and complex procedures, difficulties in quantifying damages, and reluctance from the tribunals.
A proposal to simplify and harmonize the process was made but not realized. However, the EU Directive 2020/1828 on representative actions for consumer interests provided an opportunity to revisit the issue.
The new legislation harmonizes class actions, providing for a common procedure applying to all actions.A class action is defined as an action brought “on behalf of several individuals or legal entities, placed in a similar situation, resulting from the same breach or from a breach of the same kind of legal or contractual obligations committed by a person acting in the exercise or on the occasion of his professional activity, by a legal entity governed by public law or by a body governed by private law entrusted with the management of a public service” — Law no. 2025-391 of April 30, 2025, article 16 I, A, para. 1.
As a result, the different procedural regimes that exist in consumer, environmental, labor, personal data protection, and discrimination law have been unified.
Class actions will now be able to serve a dual purpose, since they can be brought “in order to obtain either the cessation of the breach (...) or compensation for the damage, whatever its nature, suffered as a result of this breach, or the satisfaction of both these claims.”Law no. 2025-391 of April 30, 2025, article 16 I, A, para. 2.
In a major change, the new law opens up class actions to a range of entities that had not previously benefited from them.Law no. 2025-391 of April 30, 2025, article 16 I, C. In addition to the associations approved for this purpose, a list of which will be made available to the public, class actions may now be brought by:
The law expressly authorizes the financing of class actions by third parties, provided that the action “has neither the object nor the effect of these third parties exerting an influence on the introduction or conduct of class actions likely to harm the interests of the persons represented.”Law no. 2025-391 of April 30, 2025, article 16 I, D: the text stipulates that financing conditions will be specified by decree. Such funding must be made public.
In order to make the procedure more efficient, the new law establishes “specially designated judicial tribunals” to handle class actions. The introduction of these tribunals aims to harmonize rulings and case processing times.
In terms of timelines, no prior formal notice is required, except for class actions based on the French Labor Code.
Moreover, if the action arises from the cessation of a breach, the plaintiff will not be required to establish any prejudice suffered by the members of the group, nor any intent or negligence on the part of the defendant.
Once a decision has been reached in a proceeding, the judge must arrange publicity measures to inform the public (those likely to be concerned of the success or failure of the action), at the expense of the plaintiff or defendant, where applicable.
Regarding the evidence regime, in the absence of any precision in the new text, the action will be subject to the ordinary rules on this matter.In particular, articles 1353 to 1386-1 of the Civil Code.
In principle, the burden of proof lies with the parties themselves, and more specifically, it is up to the party alleging a fact to provide evidence of it.Civil Procedure Code, article 9. Evidence can be provided by any means, but must adhere to certain principles (the judge balances the right to evidence with the principles of loyalty and legality of the evidence).See our Client Alert. The judge plays an important role in the search for evidence, especially when a party is unable to obtain it on their own, with the authority to order any legally admissible investigative measureCivil Procedure Code, article 10. and, under certain conditions, to compel parties or third parties to produce evidence in their possessionCivil Procedure Code, article 11. if necessary to resolve the dispute.
A further noteworthy innovation is the creation of a public register of class actions pending before the courts.Law no. 2025-391 of April 30, 2025, article 16 IV. It will be made available to the public by the Ministry of Justice, under conditions to be set by decree.
The reform introduces a “civil penalty in the event of intentional misconduct causing serial damage” when a person is “found liable for a breach of legal or contractual obligations relating to his or her professional activity.”
This civil penalty will apply when the liable party deliberately causes damage “with a view to obtaining an undue gain or saving.”Law no. 2025-391 of April 30, 2025, article 16 XI.
The amount of the penalty will be proportionate to the degree of gravity of the misconduct and the profit derived by the perpetrator. In the case of a legal entity, the penalty can be up to five times the profit made. This risk is not insurable.
The sums paid out in civil fines will be paid into a fund dedicated to financing class actions.
The reform will apply to actions brought after publication of the law on May 2nd, 2025,Law no. 2025-391 of April 30, 2025, article 16 XVII, F. although the civil penalty will only apply to cases where the event giving rise to liability occurred after publication of the law.
As for class actions in progress and initiated before the reform, they remain subject to the old provisions.
The authors would like to thank Victor Demay for his contribution to this Client Alert.