European product liability after Boston Scientific: an assessment of the Court’s judgment on defect, damage and causation

Abstract:

In this article, the authors explore the recent decision of the European Court of Justice in Boston Scientific and its impact on the sphere of product liability. The Court’s approach to determining whether a product is defective is examined, in particular the notion, adopted by the court, of defect as an ‘abnormal potential for damage.’ Over and above the issue of defect, the authors also consider the Court’s application of the principle of “full and proper” compensation when deciding whether the cost of removal of medical devices fall within the scope of recoverable damage under the product liability directive and also explore the court’s approach to causation.

ESO: Judgment in Case C-503/13 and C-504/13. Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt – Die Gesundheitskasse and Others http://www.europeansources.info/record/press-release-judgment-in-case-c-503-13-and-c-504-13-boston-scientific-medizintechnik-gmbh-v-aok-sachsen-anhalt-die-gesundheitskasse-and-others/

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