action de groupe vs. actions collectives vs. action en représentation conjointe
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16:26 Apr 27, 2011
This question was closed without grading. Reason: Answer found elsewhere
French to English translations [PRO] Law/Patents - Government / Politics / EU consultation on class actions
French term or phrase:action de groupe vs. actions collectives vs. action en représentation conjointe
> Même s’il n’existe pas d’action de groupe en France, il existe d’autres formes d’actions collectives (notamment l’action en représentation conjointe) et de règlement des litiges individuels (règlement européen (CE) 861/2007).
Wow, how many different ways can you say "class action"? There must be differences among them, but my references are not giving me any help. Can you?
Thanks for all this useful information. I ended up doing what I should have done initially and found the text of the relevant directive(s) on line, and basically borrowed all their terminology. The EU goes for "collective redress" and "collective action" mostly, so I used those and then did my best with the few variants.
See this discussion of " Les différences entre l’action en représentation conjointe et la « class action » à la française": La deuxième partie de cet article reconnaît donc à la loi la possibilité d’habiliter un plaideur à défendre un intérêt déterminé par la loi. En effet, il existe, en droit français, et depuis l'adoption de la loi nº92-60 du 18 janvier 1992, une action permettant à un groupe de citoyens de se défendre par l'intermédiaire d'une association : l'action en représentation conjointe. Ref:http://www.oboulo.com/differences-action-representation-conj...
In a document I found, lawyers are talking about 'class action', 'joined' and 'mass action':
"Thus, there is nothing paradoxical about a
savings clause that applies only when each of the 50 or more parties are named. SLUSA’s definition of “covered class action” defines a “class” broadly to preclude multi-party actions generally; the definition includes a single lawsuit on behalf of 50 or more persons (more commonly referred to as a “mass action”), and any group of consolidated or joined lawsuits on behalf of 50 or more persons."
This is at:
skadden.com/newsletters/DEMINGS.pdf
Not being a lawyer I couldn't guess with confidence. If no one comes up with an answer, I would call the info librarian at your local law school, or research in Black's Law Dictionary.
I don't know how these sort out, but for example, in Texas where I live, court cases can be what is called "joined", which is distinct from "class action". I think this is the same for other states, but do not know any thing about other countries.
My understanding of the difference is, that joined means the facts pertaining to more than one party are similar enough that for practicality they can be heard together in one suit, but the ruling is only valid for parties to the lawsuit, where in a class action, the ruling applies to any one identified as in a certain defined class. That may be what they are referring to here.
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Answers
2 mins confidence: peer agreement (net): +1
class action, collective action, jointly represented action
Explanation: A literal translation works perfectly well.
philgoddard Local time: 11:08 Native speaker of: English PRO pts in category: 8
54 mins confidence:
mass action, class action, joined action
Explanation: Since no one with more experience in law has answered, I'll give it a stab:
action de groupe=mass action (pure guess)
action collective = class action (I'm pretty confident on this one, my Dalloz Dictionnaire juridique has (Américain) 'recours collectif en justice' as 'class action')
action en représentation conjointe = joined action
-------------------------------------------------- Note added at 55 mins (2011-04-27 17:22:08 GMT) --------------------------------------------------
You might search the key word "joinder".
-------------------------------------------------- Note added at 57 mins (2011-04-27 17:24:27 GMT) --------------------------------------------------
Also, class actions must be certified (not that easy), but joined suits only need a joinder.
-------------------------------------------------- Note added at 3 hrs (2011-04-27 19:30:55 GMT) --------------------------------------------------
re: mass action
The following explains the difference between mass action and class action:
"In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly‑situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly‑situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so‑called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified."
-------------------------------------------------- Note added at 3 hrs (2011-04-27 19:42:42 GMT) --------------------------------------------------
It might also be the case, that since these are essentially US types of lawsuits that the European Union is also considering adopting, that there may not even be accepted translations in French yet.
-------------------------------------------------- Note added at 3 hrs (2011-04-27 19:46:20 GMT) --------------------------------------------------
As I noted above, I'm fairly certain that "action collective" is the accepted term for the US 'class action lawsuit', not 'action de groupe'.
-------------------------------------------------- Note added at 3 hrs (2011-04-27 19:49:20 GMT) --------------------------------------------------
"Mass action" lawsuits are also called "mass tort".
-------------------------------------------------- Note added at 3 hrs (2011-04-27 19:53:47 GMT) --------------------------------------------------
And I posted this in discussion before I answered:
""Thus, there is nothing paradoxical about a
savings clause that applies only when each of the 50 or more parties are named. SLUSA’s definition of “covered class action” defines a “class” broadly to preclude multi-party actions generally; the definition includes a single lawsuit on behalf of 50 or more persons (more commonly referred to as a “mass action”), and any group of consolidated or joined lawsuits on behalf of 50 or more persons."
Thus, it looks like a workable definition of "mass action lawsuit" is a joined or consolidated lawsuit with 50 or more claimants.
-------------------------------------------------- Note added at 3 hrs (2011-04-27 20:06:11 GMT) --------------------------------------------------
And, I guess I should move this down here:
I don't know how these sort out, but for example, in Texas where I live, court cases can be what is called "joined", which is distinct from "class action". I think this is the same for other states, but do not know any thing about other countries.
My understanding of the difference is, that joined means the facts pertaining to more than one party are similar enough that for practicality they can be heard together in one suit, but the ruling is only valid for parties to the lawsuit, where in a class action, the ruling applies to any one identified as in a certain defined class. That may be what they are referring to here.
The more I research this, the more I am convinced that the terms I submitted are correct and I would raise the confidence level to about 4.
Any American lawyer will recognize the terms "joined" or "consolidated", "class action" and "mass (tort) action), and you can find definitions if you google them. However, "collective action", and "jointly represented action" are not terms that will be correctly understood because they have no legal definition.
I have never heard the term "jointly represented action" and the only google hit it gets links to this, and collective action is likewise not used as a term in law as far I as I know.
-------------------------------------------------- Note added at 4 hrs (2011-04-27 21:01:56 GMT) --------------------------------------------------
Whoops. It looks like they're just using "collectif" literally rather than part of the term for 'class action'.
Since there is no class action in France, and these concepts are tricky even in one's own language, I think the author is trying to say:
"Although there is no class action in France (but possibly misused the term 'action de groupe' to mean 'class action') there are collective actions (specifically action en representation conjointe (leave this in French because it is a specifically defined legal concept in France, and maybe put "joined or consolidated" in parentheses after it.) and rulings in individual disputes."
I think you would have to ask the author if he meant 'class action', and just use joined or consolidated, because 'mass action' is just consolidated or joined with more than 50 claimants.
I agree with the comments of Mike Cassady in discussion: since these terms are specific to different legal systems, they may or may not have exact equivalents, so where the term is specific, so I would leave it in French with an English explanation like "(a French form of lawsuit with several claimants/plaintiffs, or joined'consolidated, mass, etc.) in parentheses afterward.
joehlindsay Local time: 11:08 Specializes in field Native speaker of: English