RECOURSE TO THE COURTS IN DEFENCE OF THE CONSUMER UNDER FRENCH LAW (FROM JUDICIAL AND QUASI-JUDICIAL MEANS OF CONSUMER PROTECTION, 1976 - SEE NCJ 58667)

• NCJ Number: 58670
• Author(s): J MAURY
• Date Published: 1976
• Length: 20 pages
• Publication Format: Document
• Language: English
• Country: Belgium

Annotation

THE FRENCH ROYER LAW OF 1973 DESCRIBES THE CONDITIONS WHEREBY CONSUMER GROUPS MAY INSTITUTE LEGAL PROCEEDINGS, AND THE PROCEDURES FOR SUCH ACTION.

Abstract

THE ROYER LAW PROVIDES THAT DULY REGISTERED ASSOCIATIONS WHOSE CONSTITUTION EXPRESSLY STATES AS THEIR OBJECT THE DEFENSE OF THE INTERESTS OF CONSUMERS MAY, IF THEY HAVE BEEN APPROVED FOR THAT PURPOSE, PURSUE BEFORE ANY COURT A CIVIL CLAIM IN RESPECT OF ACTS WHICH CAUSE A DIRECT OR INDIRECT PREJUDICE TO THE COLLECTIVE INTERESTS OF CONSUMERS. DECREE 74-491 OF MAY 1974, AND AN INTERMINISTERIAL ORDER OF THE SAME DATE, PRESCRIBE THE CONDITIONS UNDER WHICH CONSUMER ASSOCIATIONS CAN BE AUTHORIZED TO TAKE LEGAL ACTION. THESE ORDERS ARE STRINGENT, IN PARTICULAR REGARDING MEMBERSHIP, 10,000 FOR NATIONAL ASSOCIATIONS, AS A WAY TO ENSURE THAT THE ASSOCIATIONS ARE BROADLY REPRESENTATIVE. AUTHORIZATION IS GRANTED TO THE NATIONAL ASSOCIATIONS BY THE JOINT DECISION OF THE MINISTRY OF JUSTICE AND THE MINISTRY OF ECONOMICS AND FINANCE. THE POWER TO GRANT AUTHORIZATION TO LOCAL GROUPS LIES WITH THE PREFECT OF THE DEPARTMENT IN WHICH THEIR HEADQUARTERS ARE LOCATED. AUTHORIZATION IS GRANTED FOR 5 YEARS AND IS RENEWABLE. IN ADDITION TO THE APPROVED CONSUMER ASSOCIATIONS, THE NATIONAL FEDERATION AND ALL THE DEPARTMENTAL FEDERATIONS OF FAMILY ASSOCIATIONS MAY, UNDER A LAW OF JULY 11, 1975, BRING BEFORE ANY COURT A CIVIL ACTION RELATING TO EVENTS LIABLE TO PREJUDICE THE MATERIAL OR MORAL INTERESTS OF FAMILIES, WITHOUT HAVING TO PROVE PRIOR APPROVAL OR AUTHORIZATION BY THE PUBLIC AUTHORITIES. EXTENSIVE EXPLANATORY NOTES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--RCB)