#62024CJ0338CJEU Judgment (Case C-338/24): LF v Sanofi Pasteur SA – Product Liability Limitation Periods and Right of Access to Court
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This judgment clarifies the interpretation of EU directives on product liability, specifically addressing the limitation period for claims related to defective products. It concludes that individuals suffering from progressive illnesses can seek compensation without the limitation period being triggered before their damage stabilizes. Additionally, it confirms that parties can pursue damages under both product liability and general fault-based liability systems.
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Key Changes
- The limitation period for claims related to defective products is clarified to begin upon the awareness of damage, not from the stabilization of the condition.
- Individuals with progressive illnesses retain the right to seek compensation even amidst complexities in their illness status.
- Victims are allowed to pursue claims under both product liability and fault-based liability systems.
Obligations
What this law requires
Establish a three-year limitation period for product liability claims, beginning from the day the plaintiff became aware, or should reasonably have become aware, of the damage, the defect, and the identity of the producer
For progressive illnesses, do not trigger the three-year limitation period until the damage has stabilized, rather than from initial diagnosis or first symptoms
Implement a 10-year absolute extinguishment period for product liability rights from the date the producer put the actual product into circulation, unless proceedings have been instituted
Permit injured parties to pursue damages claims under both product liability (Directive 85/374/EEC) and fault-based liability systems concurrently
Maintain the injured person's right of access to court for product liability claims in accordance with Article 47 of the Charter of Fundamental Rights