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France

Litigation     

In France, there is extensive delegation of the court’s fact-finding function to court-appointed experts, as well as a considerable reliance by the courts on the conclusions of such experts. This provides the benefit of more comprehensive discovery than would normally be permitted under French discovery rules, and the disadvantage that an appointed expert may, for example, be hostile or lack the relevant technical competence.

In the area of class actions, there are limited circumstances under which claims may be grouped. Each case is tried on its own merits and treated as factually different. 

Regulation    

Despite a certain level of harmonization in the area of product safety regulation (e.g. the EU Product Liability Directive, increasing use of standardization in the EU), there remain important differences in the attitudes of the various EU member states toward the regulation of product safety. There may be national laws or standards that, while not inconsistent with supranational laws or standards, add an additional layer of complexity to the compliance analysis. Such is the case in France with respect to products to be used with infants or young children.

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France

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Note past results are not guarantees of future results. Each matter is individual and will be decided on its own facts.