As we approach the first anniversary of the European Accessibility Act (EAA), momentum is on all of our minds. What’s happened, what’s happening now, and what does the future hold? If you had any doubts as to whether the pace was picking up, you can dispel those doubts as the news is coming fast and furious, with France once again at the center of attention.
A major new decision
On June 4, the Tribunal judiciaire de Caen (Normandie) ordered Carrefour France to make its online commerce services fully accessible to people with disabilities. The court has given the organization six months to comply, with fines to accrue for each day of delay.
In their article announcing the court’s actions, Droit Pluriel wrote the following:
“Carrefour, which has never disputed being subject to the accessibility obligation under the Consumer Code, estimated that it already met 71% of the accessibility criteria. However, the judge points out an essential fact: ‘the e-commerce site in question cannot just be somewhat accessible, it must be totally accessible.’”
The article goes on to note that “when a company chooses to assess its accessibility against the General Accessibility Improvement Framework (RGAA), 100% of the applicable criteria must be met, just as 100% of the steps on a staircase must be covered by a handrail.”
While aspects of these situations may still be fluid, one thing is clear: the legal pressure is real and growing, and the expectation for accessible digital experiences is indisputably moving toward stronger enforcement and accountability.
More lawsuits filed in France
On June 2, the Fédération des Aveugles et Amblyopes de France (a non-profit organization dedicated to defending the rights, autonomy, and social inclusion of blind and partially sighted individuals in France) reported the following:
“Just days before the income tax filing deadline, member associations of the French Collective for Visual Impairment (CFHV) announce the launch of a class action lawsuit against the Directorate General of Public Finances (DGFiP), due to the persistent inaccessibility of its digital services via the “impots.gouv.fr” portal.”
In their press release, the CFHV writes that the class action suit “is based in particular on Article 47 of the Law of February 11, 2005, reinforced by a 2016 European directive on the accessibility of public sector websites and applications, which mandates digital accessibility in accordance with the rules of the Technical Accessibility Improvement Framework (RGAA).”
What is important to note is that civil organizations do not wait for the regulators; they go directly to the court to claim their rights.
A dismissal under appeal
In early May, the Tribunal judiciaire de Lille dismissed a case against Auchan E-Commerce (another French grocer) brought by the French disability associations apiDV and Droit Pluriel and supported by the association of lawyers Intérêt à Agir.
This ruling is already being appealed to the Court of Appeal of Douai. Anne-Sarah Kertudo, founding director of the Droit Pluriel association, and Pierre Marragou, president of the apiDV association, have stated that the “decision is based on a manifestly erroneous interpretation of the legal texts, which clearly contradicts French and European law.”
Meanwhile, the accessibility issues remain. In an article addressing these issues, apiDV observed that “the Lille Judicial Court itself acknowledges that the Auchan E-Commerce website does not comply with digital accessibility standards. This finding has not been contested by the company.”
Deque continues to monitor this case as the appeal progresses.
Join us to learn more
While legal action takes place at the national level under the EAA’s transposition model, what happens in one country has direct relevance for the entire EU, and the developments in France should be understood as an early indicator of what to expect in other EU nations. Any organization based in France, based elsewhere in the EU, or doing business anywhere in the EU, should be following closely.
On June 30, Deque is hosting a webinar titled “The EAA anniversary: Compliance, community, and what’s next.” For this special event, we’re bringing together leaders at the forefront of digital accessibility to discuss the implications of this new ruling and the steps your organization needs to take right now to stay ahead of the increasing legal momentum. The event will offer practical guidance on topics including strategies for staying proactive, understanding EN 301 549, and working constructively with regulatory authorities. We will also feature a panel in which Otto Sleeking, an attorney at Winston Taylor, and Moïse Akbaraly, CEO and co-founder of Ipedis, will join me to share their insights on the latest developments.
Accessibility practitioners, accessibility team leaders, compliance and risk officers, and managers are encouraged to attend. The EAA’s one-year anniversary is a milestone moment, and as France is actively demonstrating, legal risk under the EAA is no longer a concept; it’s a reality.
The European Accessibility Act in action
Deque is also hosting a weeklong series of in-person events between June 17 and 25 in The Hague, Barcelona, Munich, Paris, and London, where we’ll celebrate the first anniversary of the EAA and examine the implications and impacts of the latest rulings from France.
Other topics to be covered include:
- New developments in EAA enforcement, monitoring, and compliance
- Sustainable EAA compliance practices
- Insights from regulators, strategists, and accessibility experts
- Practical strategies you can implement right away
Spots for these events are very limited. Please choose your city and request your spot today: https://www.deque.com/axe-con/axe-con-minis/
Deque in Europe
As the global leader in digital accessibility, Deque continues to be actively engaged with customers, regulators, and partners across Europe. To deliver on our mission, we are committed to meeting you where you are, ensuring you have the tools, training, and strategic guidance you need to meet EAA requirements and mitigate risk.
Whether through events like the webinar mentioned above, or via our global partner network, we want to get you the support you need, when you need it. In France specifically, we are partnered with Ipedis, whose two decades as a leading digital accessibility expert ensures we can help businesses and public institutions make their websites and mobile apps inclusive and regulation-ready.
What’s next
As we enter year two of the EAA, the expectation is that more lawsuits will be filed. At this point, the EAA actively assumes conformance—anything short of that, and your organization is at risk. Failure to comply with the EAA can result in severe fines and penalties, public disclosure, brand backlash, loss of competitiveness, and more.
To meet EAA requirements, your business needs to build, maintain, and scale a sustainable digital accessibility program. Request a strategic consultation with our Deque experts today, so we can help ensure your organization’s long-term EAA compliance.
