Even ten years after the scandal of substandard breast implants made in France, the German patients received neither damages nor damages for Pain and suffering. The European court of justice (ECJ) ruled on Thursday that the EU will bear no legitimate claim to the insurer by the French manufacturer.
The applicant had received in 2006, the breast implants from Poly Implant Prothèse, SA, short, PIP, is used. In 2010, it was announced that PIP for these deposits had been used by cheap and potentially harmful industrial silicone. The 400,000 women will be affected, 5000 in Germany. Because the implants cracks often and the cheap silicone inflammation caused, advised the Federal Institute for drugs and medical devices, 2012 to the distance. The wife followed.
years later, she fights more with the liability insurance of the long-previous bankrupt manufacturer to damages for Pain and suffering, currently before the higher regional court of Frankfurt. The insurer relies on a clause in his contract with PIP, according to which the coverage applies only to damages in France. The higher regional court had doubts as to whether this is acceptable under European Union law. In the European Union must not be based on nationality discriminated against. In 2018, the Frankfurt judges asked their EU colleagues in Luxembourg to the Council.
