The highest court of the French judicial order has confirmed the responsibility of the German certifier in the case of PIP prostheses.
By MR with AFP
© SEBASTIEN NOGIER / AFP
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Ihe legal battle continues. The German certifier TÜV was found responsible in the case of defective PIP breast prostheses by the Court of Cassation. This health scandal had affected thousands of women around the world, who had received non-compliant implants.
The Court of Cassation confirmed on Thursday the responsibility of the German certifier TÜV in the case of defective PIP breast prostheses, which affected thousands of women around the world, while referring several aspects of the case to the Lyon Court of Appeal.
Seizure of four decisions on the compensation of victims of this health scandal, the highest court of the French judicial order confirmed in particular that “the company TÜV Rheinland […] failed in its obligations of control, prudence and vigilance in the exercise of its professional mission, [et] that the professional liability of the company TÜV Rheinland France is proven”. In addition, the Court of Cassation referred several parts of the case to the Lyon Court of Appeal.
Inexpensive homemade gel
The Court was seized of decisions rendered by the courts of appeal of Aix-en-Provence (Bouches-du-Rhône), Paris and Versailles on the compensation of victims of this health scandal which had broken out in 2010. Thousands of women around the world had received implants filled with cheap, artisanal gel, instead of the required silicone gel, following a fraud by this PIP company based in the Var.
It therefore confirmed the responsibility of TÜV and quashed for the rest two decisions made in Aix, on a point of law (the Court of Cassation does not judge on the merits of the cases).
In another part of the case, which has become sprawling over the years, she confirmed a decision by the Paris Court of Appeal finding TÜV liable and ordering the company to pay provisions for moral damage and anxiety. It held that this liability could not be limited to a period from 1er September 2006 to April 6, 2010, contrary to what had been decided by the Paris Court of Appeal. This limitation had led to the dismissal of several hundred plaintiffs of their claims for compensation.
READ ALSOThe way of the cross for women victims of PIP breast prosthesesThe Court of Cassation has finally overturned a judgment of the Versailles Court of Appeal rejecting the compensation claims of more than 200 women, domiciled in Sweden. She returned all the files, for the broken parts and therefore to be re-tried, to the Lyon Court of Appeal.