Veedfald (Approximation of laws) [2001] EUECJ C-203/99 (10 May 2001)

Veedfald (Approximation of laws) [2001] EUECJ C-203/99 (10 May 2001)

A defective product is put into circulation when used during the provision of a specific medical service, and publicly funded hospitals are not exempt from liability for defective products under Directive 85/374/EEC. Member States may not restrict the types of material damage covered by the Directive except for...

Source-derived case information.

Citation
[2001] EUECJ C-203/99
Parties
Applicant: Henning Veedfald; Respondent: Århus Amtskommune
Jurisdiction
European Union
Judgment Date
10 May 2001
Procedural Posture
Preliminary Reference / Preliminary Ruling
Outcome
Preliminary ruling issued; interpretation of Directive 85/374/EEC provided to national court.
Legal Topics
Interpretation of Directive 85/374/eec, Liability for Defective Products, Medical Services and Product Liability, Definition of Damage Under EU Law
European Union Law Product Liability Medical Law Interpretation of Directive 85/374/eec Liability for Defective Products Medical Services and Product Liability Definition of Damage Under EU Law

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Parties

Henning Veedfald

Applicant

Århus Amtskommune

Respondent

Procedural Posture

Preliminary Reference / Preliminary Ruling

Legal Issues

  1. 1 Whether a defective product used in a medical service is 'put into circulation' under Article 7(a) of Directive 85/374/EEC
  2. 2 Whether publicly funded hospitals are exempt from liability under Article 7(c) of Directive 85/374/EEC
  3. 3 Whether Member States may restrict the types of material damage covered by Article 9 of Directive 85/374/EEC

Ratio Decidendi

A defective product is put into circulation when used during the provision of a specific medical service, and publicly funded hospitals are not exempt from liability for defective products under Directive 85/374/EEC. Member States may not restrict the types of material damage covered by the Directive except for non-material damage governed by national law.

Court Disposition

Preliminary ruling issued; interpretation of Directive 85/374/EEC provided to national court.

Orders

  • Article 7(a) of Directive 85/374/EEC interpreted as meaning a defective product is put into circulation when used in a medical service.
  • Article 7(c) interpreted as not exempting publicly funded hospitals from liability.