the Court of Cation confirms the responsibility of the German certifier

Doctor Michel Courtois, doctor-expert of the ociation Porteuses Prothèses PIP (PPP) shows a defective PIP breast prosthesis, on June 10, 2010 in Marseille, before the filing of 517 complaints with the Tribunal de Grande Instance of Marseille from victims of the prostheses of the company Poly Implants Prothèses (PIP) which does not comply with the regulations in force.

The Court of Cation confirmed, Thursday, May 25, the responsibility of the German certifier TÜV Rheinland 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 court of call from Lyon.

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 responsibility of the company TÜV Rheinland France is proven”.

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 non-compliant, homemade and cheap gel, instead of the required silicone gel, following a fraud by this PIP company located in the Var. It therefore confirmed the responsibility of TÜV Rheinland and quashed for the rest two decisions rendered in Aix, on a point of law (the Court of Cation does not judge on the merits of the cases).

Moral prejudice and anxiety

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 Rheinland 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.

The Court of Cation has finally overturned a judgment of the Versailles Court of Appeal rejecting the compensation claims of more than two hundred 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.

It is estimated that 400,000 women worldwide have PIP implants. TÜV Rheinland, a major specialist in product certification, employs 20,000 people worldwide for a turnover of approximately 2 billion euros.

The World with AFP

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