Wed. Mar 26th, 2025
Haftung für angebliche Impfschäden: Mündliche Verhandlung vor dem EU-Gerichtshof in der Rechtssache C-338/24 Sanofi Pasteur
26 March
Mittwoch, 26. März 2025
Mündliche Verhandlung vor dem Gerichtshof in der Rechtssache C-338/24 Sanofi Pasteur
Haftung für angebliche Impfschäden
Eine junge Erwachsene wurde 2003 mit dem von Sanofi Pasteur hergestellten Impfstoff Revaxis gegen Diphtherie, Tetanus und Polio geimpft. Ab 2004 litt sie nach eigenen Angaben an verschiedenen Infektionen und Schmerzen und war in der Folgezeit wiederholt arbeitsunfähig. 2008 wurde eine makrophagische Myofasciitis – eine entzündliche Muskelerkrankung – festgestellt, die auf Rückstände des in bestimmten Impfungen enthaltenen Inhaltsstoffs Aluminiumhydroxid schließen ließ.
2015 wandte sich die Betroffene an den französischen Ausschuss für Schlichtung und Schadensersatz bei medizinischen Fehlbehandlungen. Das von diesem in Auftrag gegebene Gutachten kam jedoch zu dem Ergebnis, dass keine Anhaltspunkte dafür bestünden, dass die Impfung die Erkrankung verursacht habe.
2020 verklagte die Betroffene Sanofi Pasteur vor den französischen Gerichten auf Ersatz des durch die Impfung erlittenen Schadens. Dafür stützt sie sich sowohl auf die (verschuldensunabhängige) Haftung für fehlerhafte Produkte als auch auf Verschuldenshaftung.
Das Berufungsgericht Rouen hat den Gerichtshof in diesem Zusammenhang um Auslegung der Produkthaftungsrichtlinie 85/374 ersucht. Es möchte wissen, ob die darin vorgesehene Haftungsregelung ausschließlichen Charakter hat oder ob eine Klage sowohl darauf als auch auf Verschuldenshaftung gestützt werden kann. Außerdem möchte es wissen, ob die Richtlinienbestimmung, wonach Ansprüche gegen den Hersteller grundsätzlich zehn Jahre nach dem Inverkehrbringen des Produkts erlöschen, mit der EU-Grundrechte-Charta vereinbar ist. Ferner möchte es wissen, wann bei komplexen, progressiven Krankheiten die dreijährige Verjährungsfrist für die Geltendmachung der Haftung für fehlerhafte Produkte beginnt.
Heute findet die mündliche Verhandlung statt.
Details
- Date:
- 26 March
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-338/24 Sanofi Pasteur
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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