FRANCE Trends and Developments Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
mark or any other distinctive sign on the prod - uct, but the trade mark affixed by the producer on the product corresponds, on the one hand, with the name of the supplier or a distinctive ele - ment thereof and, on the other hand, with the name of the producer. In a serial case concerning PIP prostheses, it was held that the certifying body could be held liable, insofar as it should have carried out unan - nounced inspections or inspections motivated by factual circumstances, which could have enabled it to detect the defectiveness of the product (Cour de Cassation, 31 January 2024 No 22-22.619; Cour de Cassation, 1st, 5 June 2024 No 2312854). Finally, in vaccine litigation based on product liability, recent case law has affirmed the trend toward considering the causal link to be estab - lished by serious, precise and consistent pre - sumptions. In particular, in the absence of formal scientific proof of a causal link between hepatitis B vaccination and the onset of multiple sclero - sis, the judge must assess, on a case-by-case basis, whether serious, specific and consist - ent evidence allows for a presumption of such a causal link. The evidence may be based on circumstantial evidence: in three rulings dated 7 November 2024 (Nos 472707, 472625 and 466288), the Council of State held that a causal link may be presumed when the scientific litera - ture has not completely ruled it out. In terms of tort liability, recent developments in case law have clarified the conditions for compensation for anxiety-related damages. In three rulings, dated 18 December 2024 (No 24-14.750 to No 24-14.755), the Court of Cas - sation redefined the notion of anxiety damage as “anxiety stemming from exposure to a significant risk of developing a serious illness.” The Court
also reaffirmed that it is up to the claimant to prove actual exposure to a toxic substance that poses such a high risk. Ultimately, it is for the trial judges to evaluate the evidence submitted. This approach maintains a broad definition of anxiety-related harm, while imposing stringent standards for proof. Legal and regulatory news Following the adoption of Regulation (EU) 2023/988 in May 2023 on general product safety, which applies from 13 December 2024, Article 2 of Law No 2024-364 of 22 April 2024 contain - ing various provisions for adapting to European Union law in the fields of economics, finance, ecological transition, criminal law, social law and agriculture (known as the DDADUE Law) transposed the measures requiring adaptation of French law, in particular the higher penalties for product recalls now provided for in Article L452-5-1 of the Consumer Code (five years’ imprisonment and a fine of EUR600,000, which may be increased to 10% of the average annual turnover of the operator in question). From 17 February 2024, new obligations set out in the European Digital Services Act (DSA) of 19 October 2022 have applied to online market - places, to ensure that sellers are identified, that information on products sold is more complete and that measures to recall non-compliant or dangerous products are more effectively relayed. These obligations will be monitored by the DGC - CRF (Directorate of the Ministry of Economy). Law No 2020-105 of 10 February 2020 on the fight against waste and the circular economy (known as the AGEC Law) introduced a repara - bility index for several product categories, which will become a sustainability index, with addition - al criteria. The durability index will initially apply
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