The consumer association UFC-Que Choisir yesterday launched the first group action in France against the Real Property Administrator Foncia, as the law now allows it in a tightly controlled version of the famous “class action “the American way.
Known for his shots, the association has drawn at the first day of entry into force of this new provision in French law, introduced by the Hamon consumer law .
The UFC will assign Foncia before the Tribunal de Grande Instance (TGI) of Nanterre for him claim compensation for tenants, he estimated 318,000, having paid unduly shipping fee receipt , for an estimated total of 44 million euros over five years.
To support its activities, the association is based on the conviction of Foncia for that practice in December by the Paris Court .
The court considered illegal the practice of collecting from a tenant of receipt of shipping charged 2.30 euros and referred to as “service due notice.”
Once started the procedure, the UFC will get a first judgment of responsibility that says a final time (after any appeal and cassation) would open the way for compensation in a second time.
If this judgment on liability is in favor of the association, will open a period of “two to six months” during which consumers believed to belong to the group affected can reach the procedure and apply compensation through the provision of documents (receipts, invoices, etc.). After a rehearing, the court will rule on these claims.
Given that the first judgment against Foncia has already occurred, the UFC considers ” chances of success are reasonable. “
However,” consumers will have to be patient “because given the time of justice and any appeals that may introduce Foncia, compensation will” take many months or ten years, “said Alain Bazot, president of the UFC-Que Choisir.
The Secretary of State for Consumer Affairs, the Commingeoise Delga Carole, said she was” very pleased to see a first group action was launched on the day of its entry into force. ” “This proves that the device was expected and that it is effective” in terms of responsiveness.
She said other class actions “are already in the pipeline.”
Alain Bazot confirmed, citing including banking or telephony sectors, without giving further details.
No comments:
Post a Comment