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Document 62008CN0358
Case C-358/08: Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)
Case C-358/08: Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)
Case C-358/08: Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)
OJ C 260, 11.10.2008, p. 11–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.10.2008 |
EN |
Official Journal of the European Union |
C 260/11 |
Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)
(Case C-358/08)
(2008/C 260/19)
Language of the case: English
Referring court
House of Lords
Parties to the main proceedings
Applicant: Aventis Pasteur SA
Defendant: OB
Question referred
Is it consistent with the European Product Liability Directive (1) for the laws of a Member State to allow substitution of a new defendant to a claim brought under the Directive after the 10 year period for enforcing rights under Article 11 of the Directive has expired in circumstances where the only person named as a defendant in proceedings instituted during the 10 year period was someone who does not fall within Article 3 of the Directive?
(1) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, p. 29).