Decree No. 2025-734 dated 30 July 2025 on the procedure applicable to class actions and the class action register specifies the new unified legal regime for class actions, which are possible in all matters in France before both judicial and administrative courts. It implements Article 16 of Law No. 2025-391 of 30 April 2025 on various provisions for adapting to European Union law in economic, financial, environmental, energy, transport, health and movement of persons matters.
Class actions may have two purposes: to put an end to the breach and/or to obtain compensation for damages.
This new legislation creates a civil penalty in order to punish those who commit fraudulent misconduct with a view to obtaining an undue benefit or saving that has caused serial damage. These sums will be allocated to a fund dedicated to financing class actions.
The decree has also broadened the scope of class actions, which were previously limited to certain sectors (discrimination, consumption, public health, environment, breaches of the GDPR or the Data Protection Act). Today, class actions can cover any subject matter and are intended to compensate for any type of damage (except in the area of health).
It has broadened the scope of persons expressly authorized to bring class actions (e.g., the public prosecutor and non-profit associations that have obtained approval from the competent administrative authority). It has also established controls on conflicts of interest and allows for third-party financing of such actions.
Furthermore, in theory, class actions no longer need to be preceded by a formal notice.
The decree introduced two mechanisms into the French Code of Civil Procedure: the procedure for the rapid dismissal of manifestly unfounded actions and a plea of inadmissibility based on the existence of a conflict of interest.
It provides for the creation of a public register listing all class actions pending before all courts, the implementation of which will have to be specified by executive order.
From now on, class actions must be published on the website of the Ministry of Justice, which will specify the identity of the parties, the nature of the alleged breach, the nature of the alleged damages, the elements enabling an assessment of the similarity of the situations of the persons concerned (but not the nature of the damages), the court before which the case is brought, and, where applicable, the terms of the decisions handed down.
This information will only remain accessible for a limited period of time.
In principle, the new regime will apply to proceedings brought on or after 2 October 2025, with a few exceptions.
LOI n° 2025-391 du 30 avril 2025 portant diverses dispositions d’adaptation au droit de l’Union européenne en matière économique, financière, environnementale, énergétique, de transport, de santé et de circulation des personnes (Article 16 – Action de Groupe) – Décret n° 2025-734 du 30 juillet 2025 relatif à la procédure applicable aux actions de groupe et au registre des actions de groupe.
