As a reminder, the trial opened on September 23 for a week of hearings, after too long years of judicial wandering and disappointed hopes on the part of consumers, in a case which was nevertheless, from the outset, part of as one of the biggest insurance scandals of the decade.
After the SFAM 1 affair, in 2021, faced with the influx of new testimonies from consumers confronted with new questionable commercial practices regarding the processing of contract terminations, our association was surprised by the lack of reaction from the authorities and requested, once again, that the necessary be done against this professional.
We will therefore have to wait for the outcome of a second investigation by the DGCCRF so that six companies of the Indexia group (AMP Serena, Cyrana, Foriou, Hubside, SFAM and SFK Group) as well as their director, Mr. Sadri FEGAIER, are finally prosecuted before the criminal jurisdiction, this time, for deceptive commercial practices in handling contract terminations and consumer complaints.
The UFC-Que Choisir had obviously become a civil party in this second part of the case, determined to do everything possible to ensure that those responsible are heavily punished and that the victims can hope for compensation.
She is therefore particularly satisfied with the content of the decision rendered on December 17 since the judges, after rejecting all the procedural incidents and requests for nullity attempted by the Defense, correctly upheld the guilt of Mr. FEGAIER and his six companies. .
At the end of the deliberations rendered this morning, the court underlines the exceptional nature of this case, both in terms of the duration of the practices judged, as well as by the volume of victims concerned and the amounts involved. It also underlines the continuation and worsening of the actions criminal despite the precedent of 2019. Concerning Mr. FEGAIER, the judges note his “omnipresence”, his absence of “questioning”, and the fact that the practices could only be decided by Management, without any corrective action having ever been taken since at least 2016.
Mr. FEGAIER thus receives a two-year prison sentence – that is to say the maximum sentence – including 16 months suspended with probation for 8 months, in addition to a fine of 300,000 euros, a ban on management for 5 years as well as the confiscation of his real estate (including his main residence), their seizure having already been ordered as a precautionary measure.
The six companies in his group prosecuted were sentenced to fines of up to 1.5 million euros (including against SFAM).
Concerning the consumer victims (more than 2,500 of whom came forward until the prosecution’s requisitions), the processing of their requests for compensation is delayed by a few months, since the Court decided to postpone their examination to the hearing from April 10, 2025 at 10:00 a.m. UFC-Que Choisir will not fail to usefully inform consumers about the steps to take in this context.
For the rest, it must be emphasized that the court recognized the major investment of UFC-Que Choisir in this matter, since compensation of 100,000 euros was awarded in compensation for the damage caused to the interest collective of consumers personified by the association, in addition to more than 100,000 euros in damages for the material damage suffered by it as a result of the efforts mobilized and its involvement in this matter.
This decision, although not definitive, constitutes a first significant victory.
It now remains to be seen whether appeals will be made against this Judgment but also and above all whether the authorities will initiate new investigations into the other multiple actions of Mr. Sadri FEGAIER, his companies and certain of his partners, who do not were not processed during this procedure.
UFC-Que Choisir will obviously continue to follow the matter closely.
