Accredited consumer association

Verified 26 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

One consumer association a for inspection missionsinform, of advisor andhelp consumers to settle disputes in everyday life. It can act as a preventive measure to find amicable solutions and to the legal capacity of to represent interests private or collective consumer before the courts. How can it obtain approval to do so? What are its powers of action once approved? Here's the information you need to know.

It is an association to which an authority recognizes the right to defend the interests of consumers and which has obtained approval.

Legal consultations

An authorized consumer association may provide practical and legal information, as well as free legal consultations, to consumers requesting it on consumer issues related to its field of intervention.

However, in order to benefit from more detailed legal consultations, in particular in the context of a dispute with a third party, the consumer must join the association. The amount of membership varies from association to association.

Mediation and amicable settlement of disputes

Accredited consumer associations play a role in the amicable settlement of disputes between consumers and traders, acting as intermediaries or mediators, to avoid systematic recourse to justice.

Their aim is to enable disputes to be resolved quickly and fairly, without going through lengthy and costly legal procedures.

Legal defense of individual interests

Authorized national associations may take civil action to stop or prohibit any unlawful act and seek compensation for damage suffered by several consumers caused by the same trader having the same origin by means of joint or group action.

More specifically, joint action can be brought before all courts (civil, criminal) and group action shall be exercised only in civil courts.

Group proceedings relate only to compensation for pecuniary damage (in money) resulting from material damage suffered by consumers. For example, the association may defend the owners of a dwelling against a company of the building that has carried out defective repairs that damage the building.

Legal defense of collective interests

Only an approved national association may to bring a civil action where facts cause direct or indirect damage to the collective interest of consumers.

It can thus ask the judge to order a professional, possibly on a periodic penalty payment (compulsory payment of a sum of money until the judge's request has been executed), the following acts:

  • Cease acts that are not in accordance with the law or are dangerous
  • Delete an illegal clause in the standard contract it offers to consumers or in any contract in the course of performance.

The association may also ask the judge to:

  • Order the deletion of an unfair term or to disregard it in all identical contracts concluded by a given trader with consumers which are in the course of performance
  • Obliging the trader concerned to inform, by all means and at his own expense, the consumers concerned by such a clause.

Information and awareness-raising for consumers on their rights

An accredited consumer association often publishes comparative studies, satisfaction surveys, and practical guides that help consumers make informed choices.

Investigative power

Some approved associations may carry out surveys and studies on products and services. For example, they can carry out comparative tests on consumer goods and publish the results to alert or advise consumers.

Lobbying action

In principle, their lobbying efforts aim to protect the general interest of consumers. To do this, approved associations can act in different ways:

  • They are consulted by the government in the development of new consumer laws or regulations. For example, they can participate in debates on personal data protection laws (such as the GDPR), online consumer rights, or deceptive marketing practices.
  • They sit on a number of advisory committees or forums for social and economic dialog, where they can make the point of view of consumers.
  • They run campaigns to push through consumer-friendly reforms. This can include petitions, expert reports, or concrete proposals to members of Parliament and senators. They defend topics such as improving the legal guarantees for products, combating planned obsolescence.
  • They organize information campaigns to mobilize public opinion around issues such as abusive banking fees or unfair commercial practices.

Authorization shall be granted to a consumer association which satisfies the following three conditions:

  • It shall justify, at the date of its application,one year of existence.
  • During this year, it justifiesa genuine activity to defend the interests of consumers (production and dissemination of publications, holding of information meetings and permanent staff).
  • On the date of the application, it shall at least 10 000 members contributor for a national association or a number deemed representative for a local, departmental or regional association.

The application for approval is to be sent to the directorate responsible for the protection of the populations of the head office of the association.

Approval is granted for 5 years renewable.

The approval of an association national is granted by ministerial order.

The approval of an association local, departmental or regional is granted by order of the prefect of the department in which the association has its registered office.

The approval or refusal decision shall be notified within 6 months of the acknowledgement of receipt. The refusal decisions are substantiated.

The request for renewal shall be addressed to the Directorate responsible for the protection of the population of the registered office of the association.

Approval is granted for 5 years renewable.

The authorization of a consumer association may be withdrawn in the following cases:

  • Non-compliance with legal obligations (e.g. proof of one year of existence at the date of application)
  • Lack of representativeness
  • Irregularity in its financial management
  • Non-compliance with its statutes
  • Incompatibility of its consumer protection commitments with other activities.

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