Country:
France
Court:
Cour de cassation, 1re civ., 28 April 1998, pourvoi n° 96-20.421; Bull. Civ. I 1989, nº 158, p. 104
Topics:
Liability of the producer
Contractual liability
Articles:
Facts:
Mrs. X was infected with HIV due to contaminated plasma used during an operation. She brought an action against the Blood transfusion centre which had provided the plasma, as well as its insurer. Her husband and children also brought an action for moral harm.
Legal question:
Was the Court of appeal justified in distinguishing between primary and secondary victims?
Decision:
Interpreting articles 1147 and 1384(1) of the Civil Code in the light of the Product Liability Directive, the Cour de Cassation held that any manufacturer is liable for the damages caused by a defect of his product, to primary as well as secondary victims with no need to distinguish whether they are third parties or parties to the contract.
Comments:
As in other decisions, the Cour de Cassation explicitly interprets articles 1147 and 1384(1) of the Civil Code in the light of the Product Liability Directive (see also Cour de Cassation, 1re civ, 3 March 1998).
