O'Byrne (Environment and consumers) [2006] EUECJ C-127/04 (09 February 2006)

O'Byrne (Environment and consumers) [2006] EUECJ C-127/04 (09 February 2006)

Article 11 of Directive 85/374/EEC means a product is put into circulation when it leaves the producer's manufacturing process and enters the marketing process in the form offered to the public. Substitution of the correct producer as defendant is governed by national law, but must respect the Directive's personal scope as defined in Articles 1 and 3.

Citation
[2006] EUECJ C-127/04
Parties
Claimant: Declan O'Byrne; Defendant: Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur MSD Ltd); Defendant: Sanofi Pasteur SA (formerly Aventis Pasteur SA)
Jurisdiction
European Union
Judgment Date
09 February 2006
Procedural Posture
Reference for Preliminary Ruling / Preliminary Ruling Before the Court of Justice of the European Union
Outcome
Questions answered; interpretation of EU law provided to referring court.
Legal Topics
Interpretation of Article 11 of Directive 85/374/eec, Limitation Period for Product Liability, Definition of 'put Into Circulation', Substitution of Parties in Product Liability Actions
European Union Law Product Liability Interpretation of Article 11 of Directive 85/374/eec Limitation Period for Product Liability Definition of 'put Into Circulation' Substitution of Parties in Product Liability Actions

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Parties

Declan O'Byrne

Claimant

Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur MSD Ltd)

Defendant

Sanofi Pasteur SA (formerly Aventis Pasteur SA)

Defendant

Procedural Posture

Reference for Preliminary Ruling / Preliminary Ruling Before the Court of Justice of the European Union

Legal Issues

  1. 1 When is a product considered 'put into circulation' under Article 11 of Directive 85/374/EEC?
  2. 2 Can national law allow substitution of the correct producer as defendant after the limitation period if proceedings were initially brought against the wrong entity?

Ratio Decidendi

Article 11 of Directive 85/374/EEC means a product is put into circulation when it leaves the producer's manufacturing process and enters the marketing process in the form offered to the public. Substitution of the correct producer as defendant is governed by national law, but must respect the Directive's personal scope as defined in Articles 1 and 3.

Court Disposition

Questions answered; interpretation of EU law provided to referring court.

Orders

  • Article 11 of Directive 85/374/EEC is to be interpreted as meaning that a product is put into circulation when it is taken out of the manufacturing process operated by the producer and enters a marketing process in the form in which it is offered to the public in order to be used or consumed.
  • When an action is brought against a company mistakenly considered to be the producer, national law determines substitution conditions, but the court must respect the Directive's personal scope.