A class action is a legal procedure allowing several people who have suffered similar harm caused by the same responsible party to join together to file a single lawsuit instead of acting individually.
This procedure was amended by Law No. 2025-39 DADDUE of April 30, 2025, which contains various provisions adapting French law to European Union law in the areas of economics, finance, the environment, energy, transportation, health, and the movement of persons.
Before Law No. 2025-391 of April 30, 2025, class actions in labor law were limited to actions concerning discrimination and the protection of personal data. These actions were governed by the Labor Code, which imposed strict conditions for their initiation.
1) Class Action: What are the conditions?
From now on, any breach by the employer can be challenged collectively.
However, it is necessary that several employees be in an identical or similar situation, linked to the same misconduct.
Article 16 I-A of Law No. 2025-391 of April 30, 2025, specifies "any breach of the same nature of its legal or contractual obligations committed by a person acting in the course of or in connection with their professional activity, by a public legal entity, or by a private body responsible for managing a public service."
1.1) What class actions are possible?
According to legal doctrine, “The most diverse types of damages could thus be compensated: damages for harm to physical and mental health (systemic harassment or disregard for rest periods or maximum working hours), damages for unjustified job loss (when the conditions for legal transfer are not met or when a collective dismissal is not based on a valid economic reason), damages for infringement of the right to respect for private life or the protection of personal data (in cases of unlawful or unfair surveillance, or data leaks), damages for anxiety (in cases of exposure to asbestos or any other toxic substance generating a high risk of developing a serious illness), damages for loss of opportunity (in cases of lack of affiliation to a supplementary pension scheme)... ” [1].
On the other hand, it would seem that actions for compensation for workplace accidents and occupational diseases, which fall under the exclusive jurisdiction of the Social Security courts, should be excluded [2].
Furthermore, the reform completely overhauls the class action regime.
1.2) Suspension of the statute of limitations for individual actions.
From now on, as soon as a class action is initiated, the statute of limitations is suspended for all employees concerned.
The class action, whether it seeks to stop the breach or to obtain compensation for damages, suspends the statute of limitations for individual actions seeking compensation for damages resulting from the breaches established by the judge or from the facts included in the approved agreement [3].
1.3) Resumption of the statute of limitations.
The statute of limitations begins to run again, for a period that cannot be less than six months, from the date on which the judgment is no longer subject to ordinary appeal or appeal to the Court of Cassation, or from the date of approval of the agreement [4].
1.4) Third-party financing of the class action.
The possibility of using third-party financing is permitted.
Provided that such financing does not have the purpose or effect of enabling these third parties to exert influence over the initiation or conduct of class actions that could harm the interests of the individuals represented [5].
To read the full brief, click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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