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Document 62013CN0504

Case C-504/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v Betriebskrankenkasse RWE

OJ C 352, 30.11.2013, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

30.11.2013   

EN

Official Journal of the European Union

C 352/8

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v Betriebskrankenkasse RWE

(Case C-504/13)

2013/C 352/15

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Boston Scientific Medizintechnik GmbH

Respondent on a point of law: Betriebskrankenkasse RWE

Questions referred

1.

Is Article 6(1) of 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 (1) to be interpreted as meaning that a product in the form of a medical device which is implanted in the human body (in this case, an implantable cardioverter defibrillator — ICD) is already defective if a malfunction has occurred in a significant number of devices in the same series, but a defect has not been detected in the device which has been implanted in the specific case in point?

2.

If the answer to the first question is in the affirmative:

Do the costs of the operation to remove the product and implant another ICD constitute damage caused by personal injury for the purposes of Article 1 and point (a) of the first sentence of Article 9 of Directive 85/374/EEC?

(1)  OJ 1985 L 210, p. 29.

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