Search Results for: Directive 85/374/EEC

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Novo Nordisk Pharma: ECJ 20 Nov 2014

ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of notification of that directive – Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained … Continue reading Novo Nordisk Pharma: ECJ 20 Nov 2014

Novo Nordisk Pharma: ECJ 11 Jun 2014

ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a national system of liability for inter alia obtaining information on the side effects of pharmaceuticals Judges: Maciej Szpunar AG Citations: C-310/13, … Continue reading Novo Nordisk Pharma: ECJ 11 Jun 2014

Veedfald v Arhus Amtskommune: ECJ 10 May 2001

A hospital manufactured and used in its hospitals defective fluid for use in kidney operations. It denied liability under the defective product laws on the basis that it had not put the product into circulation, and that it had not been manufactured for an economic purpose, but rather for supply within the publicly funded health … Continue reading Veedfald v Arhus Amtskommune: ECJ 10 May 2001

Societe Moteurs Leroy Somer v Societe Dalkia France: ECJ 4 Jun 2009

ECJ (Environment And Consumers) Liability for defective products Directive 85/374/EEC Scope Damage to an item of property intended for professional use and employed for that purpose National system permitting the injured person to seek compensation for such damage, where he simply proves the damage, the defect and the causal link – Compatibility Citations: ECLI:EU:C:2009:351, [2009] … Continue reading Societe Moteurs Leroy Somer v Societe Dalkia France: ECJ 4 Jun 2009

O’Byrne v Aventis Pasteur Sa: CA 9 Oct 2007

The claimant had made a mistake in naming the defendant company, but had intended the company which it now requested the court to substitute as defendant. The limitation period had expired. Held: The substitution was necessary to decide the issue raised by the action. The defendant’s appeal failed. Citations: [2007] EWCA Civ 966, Times 19-Nov-2007, … Continue reading O’Byrne v Aventis Pasteur Sa: CA 9 Oct 2007

O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

The claimant sought damages under the 1967 Act asserting injury from a drug sold by the defendant. Proceedings had been mistakenly commenced against Aventis Pasteur MSD Ltd within the limitation period, but outside the limitation period, it was sought to substitute the actual manufacturer Aventis Pasteur SA. Held: The substitution should be made. The sole … Continue reading O’Byrne v Aventis Pasteur MSD Ltd: QBD 20 Oct 2006

Commission v French Republic: ECJ 14 Mar 2006

ECJ Failure of a Member State to fulfil obligations – Directive 85/374/EEC – Product liability – Judgment of the Court finding a failure to fulfil obligations – Failure to take measures to comply – Article 228 EC – Financial penalties – Partial compliance with the judgment during the proceedings. Citations: [2006] EUECJ C-177/04 Links: Bailii … Continue reading Commission v French Republic: ECJ 14 Mar 2006

Declan O’Byrne v Sanofi Pasteur MSD Ltd, formerly Aventis Pasteur MSD Ltd, Sanofi Pasteur SA: ECJ 9 Feb 2006

ECJ Directive 85/374/EEC – Liability for defective products – Definition of -putting into circulation- of the product – Supply by the producer to a wholly owned subsidiary. Citations: C-127/04, [2006] EUECJ C-127/04, Times 15-Feb-2006 Links: Bailii Citing: Cited – Skov AEG v Bilka Lavprisvarehus A/S ECJ 10-Jan-2006 ECJ Directive 85/374/EEC – Liability for defective products … Continue reading Declan O’Byrne v Sanofi Pasteur MSD Ltd, formerly Aventis Pasteur MSD Ltd, Sanofi Pasteur SA: ECJ 9 Feb 2006

Skov AEG v Bilka Lavprisvarehus A/S: ECJ 10 Jan 2006

ECJ Directive 85/374/EEC – Liability for defective products – Liability of the supplier of a defective product.The class of persons liable against whom an injured person is entitled to bring an action under the system of liability laid down by the Directive is defined in articles 1 and 3 of the Directive. Citations: [2006] EUECJ … Continue reading Skov AEG v Bilka Lavprisvarehus A/S: ECJ 10 Jan 2006

Commission v United Kingdom (Judgment): ECJ 29 May 1997

The UK provision in the 1987 Act did not conflict with the EC Directive on liability for defective products; there was an overriding provision as to interpretation. Europa Approximation of laws – Liability for defective products – Directive 85/374 – Defence to liability – Condition – State of scientific and technical knowledge not such as … Continue reading Commission v United Kingdom (Judgment): ECJ 29 May 1997

Iman Abouzaid v Mothercare (Uk) Ltd: CA 21 Dec 2000

The defendant appealed a finding of liability under the Act. The plaintiff had hurt his eye assisting with a pushchair sold by the defendant. An elastic strap had rebounded into his eye. It was argued that the English Act went wider than the Directive in implementing it. Was the strap a defect within the Act? … Continue reading Iman Abouzaid v Mothercare (Uk) Ltd: CA 21 Dec 2000

W and Others v Sanofi Pasteur MSD SNC and Others: ECJ 21 Jun 2017

ECJ (Liability for Defective Products – Pharmaceutical Laboratories : Judgment) Reference for a preliminary ruling – Directive 85/374/EEC – Liability for defective products – Article 4 – Pharmaceutical laboratories – Vaccination against hepatitis B – Multiple sclerosis – Proof of defect of vaccine and of causal link between the defect and the damage suffered – … Continue reading W and Others v Sanofi Pasteur MSD SNC and Others: ECJ 21 Jun 2017

Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Consumer protection – Liability for damage caused by defective products – Directive 85/374/EEC – Articles 1, 6(1) and section (a) of the first paragraph of Article 9 – Pacemakers and implantable cardioverter defibrillators – Risk of product failure – Personal injury – Removal of the allegedly … Continue reading Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

OB v Aventis Pasteur SA: HL 11 Jun 2008

The claimant had been vaccinated with a HIB vaccine. He was severely injured and it was said that the vaccine was the cause, and a claim made under the 1987 Act. Originally the claim was made against a UK company, but it should have been against that company’s parent company. When the correct company was … Continue reading OB v Aventis Pasteur SA: HL 11 Jun 2008

Aventis Pasteur v O’Byrne (Environment And Consumers): ECJ 2 Dec 2009

Europa Directive 85/374/EEC – Liability for defective products Articles 3 and 11 Mistake in the classification of ‘producer’ Judicial proceedings – Application for substitution of the producer for the original defendant Expiry of the limitation period.(Grand Chamber of the Court of Justice) The claimant sought damages after consuming a defective medicine supplied by the company. … Continue reading Aventis Pasteur v O’Byrne (Environment And Consumers): ECJ 2 Dec 2009

O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

The claimant wished to claim damages after suffering serious injury as a child having been vaccinated with a drug manufactured by a defendant (APMSD). The defendant had relied on a defence saying that the limitation period under the Directive was 10 years. The claimant had then to choose another company (APSA) as defendant. On a … Continue reading O’Byrne v Aventis Pasteur Sa: SC 26 May 2010

Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

A and Others v National Blood Authority and Another: QBD 26 Mar 2001

Liability under the Act for a defective product was established where the defect was known, even though the current state of knowledge did not make it possible to identify which of the products was affected. The Act was to be construed to be consistent with the Directive. If the level of safety was below the … Continue reading A and Others v National Blood Authority and Another: QBD 26 Mar 2001