FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
summoned to appear in court. In the event of damage caused by a defect in a product incor - porated into another, the producer of the com - ponent part and the producer who incorporated it are jointly and severally liable. This system applies to compensation for dam - age resulting from injury to the person, where the compensation for damage exceeds EUR500, or resulting from damage to property other than the defective product itself. The claimant must prove the damage, the defect and the causal link between the defect and the The victim of an injury caused by a defective product also has the right to claim damages from the producer if he/she proves that his/her injury resulted from a fault committed by the producer. The claimant must prove the fault, the damage and the causal link between the fault and the damage. This principle was reaffirmed by the Court of Cassation in a recent decision (First Civil Cham - ber of the Court of Cassation, 15 November 2023 – appeal No 22-21.174). In a press release relating to this decision, the Court of Cassation illustrated this principle by providing examples of fault (if the producer kept a product in circulation even though he/she knew it had a defect, or if he/she was not sufficiently vigilant as to the risks posed by the product). Despite this ruling by the Court of Cassation, the Courts of Appeal have handed down judgments in line with the Court of Cassation’s case law. The Colmar Court of Appeal (5 September 2024, No 22/01104), points out in particular that the damage. Tort Law
action brought by the insurer, subrogated to the rights of its insured, is time-barred unless proof is provided of a fault on the part of the manufac - turer that is distinct from the mere lack of safety of the product and that is likely to enable the appellant to act on a legal basis other than that of strict liability for defective products. It is in this very specific context that, on 24 April 2024 the Rouen Court of Appeal referred a request for a preliminary ruling on the interpreta - tion of EU law to the CJEU (2024 C-338/24 filed on 7 May 2024). This request seeks, in particular, an interpreta - tion of EU law concerning: • whether it is appropriate for a claimant to invoke the fault-based liability regime to claim compensation for damage from the producer, by invoking faults that can be traditionally analysed as liability for defective products in order to seek compensation from the pro - ducer; • the starting point of the three-year limitation period; or • the starting point of the ten-year limitation period. A ruling by the CJEU on these preliminary ques - tions is expected in the last trimester of 2025. Hidden Defect The seller is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have pur - chased them, or would have paid a lower price for them, had he or she been aware of them.
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