The very first class action brought in France by the association UFC-Que Choisir against the real estate administrator Foncia appealed to the advantage of the second. – ROMAIN DOUCELIN / SIPA / SIPA
Foncia wins its second battle against UFC-Que Choisir. This Friday, the Versailles Court of Appeal rejected the group action carried out by the consumer association against the real estate administrator. UFC-Que Choisir reproached him for having improperly invoiced rent receipts to thousands of tenants.
The Court “clearly confirmed that the sums invoiced by the agencies of the Foncia network in their relations with tenants did not reveal any fault”, continues Bredin Prat in a press release.
UFC sentenced to pay 10,000 euros
The UFC-Que Choisir claimed from Foncia the compensation of tenants, 318,000 according to its estimate, having paid shipping costs of receipt, up to 2.30 euros per month, for a total estimated at 44 million euros over five years.
The law firm also adds that the consumer association was ordered to pay 10,000 euros for legal costs advanced by Foncia in this case.
Already ruled inadmissible in 2018
At first instance, the Nanterre tribunal de grande instance had already declared inadmissible the request of the UFC-Que Choisir, considering that the group action fell outside the scope defined by the Hamon law of 2014. This introduced in the French law a provision allowing a very framed version of American-style “class actions”.
This class action brought by the UFC against the real estate administrator was the very first filed in France, on October 1, 2014, the day the Hamon law on consumption came into force.