Liability for Defective Products: Court of Cassation Ruling on Producer Fault
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Court of Cassation, liability for defective products, European directive, producer fault, victim compensation, contractual liability, non-contractual liability, product liability, defective product, damage compensation, fault liability
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Abstract
The Court of Cassation holds that liability for defective products does not exclude the possibility for victims to pursue producers for fault, in line with the 1985 European directive.
Extract
[...] Civil Law of Obligations: Contractual and Extracontractual Liability Session Liability for Defective Products Commentary on Judgment: Cass. 1here civ November 2023, n° 22-21.174 The European directive of 1985 took thirteen years to be ratified by France. Even today, despite several condemnations and jurisprudential advances, certain questions are still being asked. By a ruling of 5 June 2024, the 1st civil chamber of the Court of Cassation opens the scope of action of the victim for fault against the producer. In this case, the victim was prescribed the Médiator medication from 2006 to 2008. [...]
[...] For these reasons, the Court of Cassation quashes and annuls the decision of the Court of Appeal. In order to thoroughly study this judgment, it is imperative to understand that this judgment is in line with the European directive and does not contradict but rather demonstrates a certain willingness on the part of the Court to open up the possibility for victims to obtain a more systematic compensation (II). I. The judgment in line with the 1985 European directive on the regime of liability for defective products In fact, this judgment is in line with the 1985 European directive. [...]
[...] However, this option did not actually exist, in fact, victims do not have the possibility of choosing the regime that applies to them. Despite this, the Court recalls that the victim can always act for fault against the producer, which is the principle established by the directive. B. The reminder of the possibility of acting against the producer in case of fault The Court recalls here the possibility of acting against the producer in case of fault by the latter. [...]
[...] It has indeed the transposition of "the Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products » took thirteen years instead of three and cost France two condemnations for its delay and bad transposition. The hesitations were mainly on the consequences of the directive. In fact, the directive was much less favorable to victims than the French law in place at the time of ratification. The French legislator therefore expressed many hesitations in the face of his obligation to ratify. In addition, certain aspects of the directive remained imprecise and a factor of legal uncertainty. [...]
[...] The Versailles Court of Appeal renders its judgment on 7 July 2022 and dismisses the victim's claims. It states that the action of the latter is inadmissible because the 3-year prescription of the action has lapsed. In fact, the summons was made on 7 July 2020, more than three years after the knowledge of the damage. In addition, in order to engage the liability of the producer for fault, it must be that the latter is distinct from an absence of safety of the product. [...]
