Sanofi Pasteur (Approximation of laws - Liability for defective products - Judgment) [2026] EUECJ C-338/24 (26 March 2026)

Sanofi Pasteur (Approximation of laws - Liability for defective products - Judgment) [2026] EUECJ C-338/24 (26 March 2026)

Article 13 of Directive 85/374 does not preclude an injured person from seeking compensation under a general fault-based liability system if the claim is based on wrongful conduct distinct from product defect. Article 10(1) requires the limitation period to start when the claimant is aware of the damage, defect, and producer, not when the damage stabilises. Article 11's 10-year extinction period is valid under EU law and does not violate the right of access to a court for victims of progressive illness, provided the action can be brought within that period.

Citation
[2026] EUECJ C-338/24
Parties
Applicant: LF; Respondent: Sanofi Pasteur SA
Jurisdiction
European Union
Judgment Date
26 March 2026
Procedural Posture
Preliminary Ruling (reference for Interpretation and Validity) / Judgment of the Court of Justice of the European Union (second Chamber) on Reference From the Cour D'appel De Rouen
Outcome
Preliminary questions answered as follows: Article 13 does not preclude fault-based claims; Article 10(1) limitation period starts with awareness of damage, defect, and producer; Article 11 is valid under Article 47 of the Charter.
Legal Topics
Directive 85/374/eec, Liability for Defective Products, Limitation Periods, Progressive Illness, Right of Access to a Court, Interpretation of EU Law, Validity of EU Law
European Union Law Product Liability Civil Procedure Directive 85/374/eec Liability for Defective Products Limitation Periods Progressive Illness Right of Access to a Court +2 more

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Parties

LF

Applicant

Sanofi Pasteur SA

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation and Validity) / Judgment of the Court of Justice of the European Union (second Chamber) on Reference From the Cour D'appel De Rouen

Legal Issues

  1. 1 Whether Article 13 of Directive 85/374 precludes an injured person from seeking compensation under general fault-based liability for defective products
  2. 2 Whether Article 11 of Directive 85/374 is invalid in light of Article 47 of the Charter due to its effect on victims of progressive illness
  3. 3 How the starting point of the three-year limitation period under Article 10 of Directive 85/374 is to be determined

Ratio Decidendi

Article 13 of Directive 85/374 does not preclude an injured person from seeking compensation under a general fault-based liability system if the claim is based on wrongful conduct distinct from product defect. Article 10(1) requires the limitation period to start when the claimant is aware of the damage, defect, and producer, not when the damage stabilises. Article 11's 10-year extinction period is valid under EU law and does not violate the right of access to a court for victims of progressive illness, provided the action can be brought within that period.

Court Disposition

Preliminary questions answered as follows: Article 13 does not preclude fault-based claims; Article 10(1) limitation period starts with awareness of damage, defect, and producer; Article 11 is valid under Article 47 of the Charter.

Orders

  • Article 13 of Directive 85/374 must be interpreted as not precluding a person injured by a defective product from seeking compensation from the producer on the basis of general fault-based liability for wrongful conduct.
  • Article 10(1) of Directive 85/374 must be interpreted as meaning the three-year limitation period starts when the claimant became aware, or should have become aware, of the damage, defect, and producer identity, not when the damage stabilised.