Le scandale PIP devant les juridictions allemandes

TY - JOUR

T1 - Le scandale PIP devant les juridictions allemandes

AU - Rott, Peter

AU - Glinski, Carola

PY - 2015

Y1 - 2015

N2 - Some women, injured by the PIP scandal, complained before German courts against many players, including the insurance company Allianz France, doctors especially from hospitals, who performed the implantation of breast implants, supplier silicone and supervisory authorities, especially TÜV Rheinland, which intervened with PIP as a «notified body»within the meaning of Directive 93/42/EEC concerning medical devices. All complaints have failed until now. In this article, we will explain how the German courts well or misinterpret the role of «notified bodies»in the law of product safety and lead to the rejection of complaints: they start from the idea that the certification of products design and the compliance verification system do not aim to protect patients. At the same time, it will be shown that German tort law could very well determine the responsibility of TÜV Rheinland.

AB - Some women, injured by the PIP scandal, complained before German courts against many players, including the insurance company Allianz France, doctors especially from hospitals, who performed the implantation of breast implants, supplier silicone and supervisory authorities, especially TÜV Rheinland, which intervened with PIP as a «notified body»within the meaning of Directive 93/42/EEC concerning medical devices. All complaints have failed until now. In this article, we will explain how the German courts well or misinterpret the role of «notified bodies»in the law of product safety and lead to the rejection of complaints: they start from the idea that the certification of products design and the compliance verification system do not aim to protect patients. At the same time, it will be shown that German tort law could very well determine the responsibility of TÜV Rheinland.

M3 - Tidsskriftartikel

SN - 1010-8831

SP - 87

EP - 98

JO - Revue Internationale de Droit Economique

JF - Revue Internationale de Droit Economique

IS - 1

ER -