The consumer association UFC-Que Choisir launched Wednesday the first group action in France against the Real Property Administrator Foncia. Since the law allows for that day
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Just coming into force, the group action (or class share) which is one of the cornerstones of Hamon consumer law, has its first practical application. The consumer association UFC-Que Choisir has decided to assign Foncia before the Tribunal de Grande Instance of Nanterre (Hauts-de-Seine) for his claim compensation for some 318,000 tenants, he estimated, would have paid improperly shipping fee receipt. In total it would cost them 44 million euros over five years.
To support its activities, the UFC is based on the conviction of Foncia in December 2013 for this same practice, by the 1st Civil Chamber of the Tribunal de Grande Instance (TGI) of Paris. The court considered the illegal practice of charging from a tenant of receipt of shipping charged 2.30 euros and referred to as “service due notice.”
Judgment” responsibility “
Once launched 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.
The class action procedure was introduced by the Hamon consumer law passed by Parliament in February. The decree of this action was published in the Official Journal on Friday and planned to enter into force on Wednesday.
The law provides that consumer organizations can now civilian courts on behalf of Consumers claiming to be victims of a breach of a professional in his legal or contractual obligations.
The field will be limited to the sale of goods, provision of services and competitive practices.
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