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2015
- handle: 10670/1.bqagl4
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defective medical devices directive 85/374 EU principle of non-discrimination action for damages against the insurer of the producerSujets proches
Legislative acts Legislative enactments Acts, Legislative Enactments, Legislative Laws (Statutes)Citer ce document
Hans-Wolfgang Micklitz et al., « The Victim’s Action Against the Producer’s Insurer », Revue internationale de droit économique, ID : 10670/1.bqagl4
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The purpose of the present contribution is to shed light on the extent to which the victims of the so-called “PIP scandal” who reside outside French territory may rely on European Union law to win compensation from the insurer of the producer of defective medical devices for the damages that they have suffered. To this end, this inquiry is divided into two parts. First, it aims to demonstrate that both primary—that is, the nondiscrimination principle—and secondary—that is, Directive 85/374—European Union law is applicable to the facts that gave rise to the PIP scandal. Second, it aims to identify the legal implications arising from the application of European Union law. The producer’s insurer, when refusing to compensate the victims of PIP, breaches both primary and secondary European Union law. As a result, this breach gives the victims several options to seek compensation.