Sylvie Gallage-Alwis and Alice Decramer explore legal developments regarding liability for the pharma industry

By Sylvie Gallage-Alwis & Alice Decramer

Partner Sylvie Gallage-Alwis and Associate Alice Decramer explore the significance of recent findings of the French Supreme Court regarding liability for the pharma industry for the International Association of Defense Counsel.

As the proposal for a new Directive on liability for defective products is being discussed by the EU, Courts are being questioned on how the risk of development defence, which could allow the producer to argue that it did not know of all risks at the time the product was placed into circulation, should be interpreted, and also how liability for defective products and for negligence should interact.

Sylvie and Alice explore two French court decisions which impact this regime, notably in Conformity to the Constitution of the enforceability conditions of the exemption cause based on the risk of development (Constitutional Council, referral for a preliminary ruling (QPC), March 10, 2023, no. 2023-1036), and Action against the producer: possible coexistence between the rules on defective products and fault liability (French Supreme Court, 1st Civil Chamber, November 15, 2023, nos. 22-21.174, 22-21.178, 22-21.179, 22-21.180).

Sylvie and Alice’s article was published on 15 February in IADC, and can be found here.





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