Notion of defective product

The German Federal Court (BGH) on the product liability for defective cardiac pacemaker: no need to ascertain a particular defect if a potential defect has been established

BGH, Urteil vom 09.06.2015, VI ZR 284/12

The German Federal Court (Bundesgerichtshof) decided in the present case that the implanted cardiac pacemakers of the insured ”B” and ”W” showed product defects in accordance with Article 3 (1) of the German Product Liability Law and Article 6 of Directive 85/374/EEC. The German Federal Court (Bundesgerichtshof) had in that regard referred to the jurisprudence of the CoJ whereby the CoJ noted that ”Article 6 (1) of Directive 85/374/EEC is to be interpreted as a product, which belongs to a group oder production series of products such as cardiac pacemakers and implant cardioverter defibrillators by which a potential defect is being established, is to be classified as defective without the need to ascertain a particular defect of that same product in question. (Cases C-503/13 and 504/13, NJW 2015, 1163 Boston Scientific Medizintechnik GmbH / AOK Sachsen Anhalt Die Gesundheitskasse, Betriebskrankenkasse RWE)

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