If the class prejudice is well established

December 2, the competition Council sentenced three mobile phone operators to a fine of EUR 534 million for unlawful agreement. 30 Millions of victims of this agreement no doubt welcomed the conviction, and the amount of the fine. Yet, they have not received a penny of compensation, and the proceedings have no chance of success. Strange paradox: an infringement of the rights of consumers is recognized and sanctioned, and yet the victims are entitled to any relief.

In the United States, Quebec, Sweden, Germany, they could obtain from the Court for damages. The right of these States has indeed the procedure of the "class action", which allows a group of citizens adversely affected by a same prejudice to sue. In practice, a person may bring an action for all those who have similar rights and to apply the decision of justice, unless they have written, notified their refusal to take part. The system works effectively. Thus, in the United States between 1973 and 1981, some 176 million of products were withdrawn from the market or repaired by their manufacturers; and it is from a class that the Texaco tanker was sentenced in 1997 for discrimination against its black employees.

This possibility does not exist in French law. There are many Act of January 18, 1992, adopted under the Government of Edith Cresson, whose purpose is to strengthen the protection of the consumer. But it stipulates that each person must expressly instruct the association to act on his behalf, and to which it is forbidden to seek warrants therefore to provide victims the opportunity to defend himself. As a result, the scope of this Act is limited, as only use ten was instituted.

A class action procedure should be introduced into French law, and we have made proposals to that effect to the Socialist Group in the Senate. The possibility of class action is, in our eyes, a measure of left. Conglomerates would allow the poorest citizens, or the victims a remedy not only, but also the prohibition on marketing Is the class not developed in the United States in the 1950s and 1960s as a tool for combating discrimination Employers do wrong. He was opposed fiercely. The CNPF yesterday as today the Medef denounced "an instrument of blackmail". In the United States, George Bush easily mobilizes Republicans to vote a law limiting the effect of the class.

It is obviously not question import procedure in force in the United States or in Quebec, but rather to pave the way for a substantial improvement in the procedure. The action thus established would involve two phases. First, the judge would look if the appeal is admissible, i.e. If the class prejudice is well established. It would also set the amount of the compensation. In a second time, if there is fault, prejudice and causal connection between the two, his judgment would apply to all victims who have specifically expressed their willingness to participate in the class. To avoid undesired actions, only associations approved (as there are currently 18) may file the application. Advertising of the remedies would be allowed to find potential victims.

As the scope, it may be limited to the right of the consumer, the disadvantage to see in the citizen that the consumer, or extended to any type of dispute. Would be so concerned the recalculated the Unedic, victims of an infringement of the environment, investors harmed by a bank fee, cable operators which do not meet a request for unsubscribing, people poisoned by pollution of a factory...

Whenever the left came to responsibilities, she opened new rights. The class is part of the story.

Social and political perspectives that it opens up beyond his only interest for single individuals who are reluctant to engage in lengthy proceedings. Indeed, once legal action will be useful and effective, the citizen can reappropriate the justice. It will be the role of passive consumer to an actor in a supportive community. In a society marked by for the public thing disengagement and withdrawal, the class action would restore confidence in the collective action, and finally the link broken between the citizen and the institutions.