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15 January 2010
Issue: 7400 / Categories: Case law , Law digest
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Directive

Aventis Pasteur SA v OB; sub nom O’Byrne v Aventis Pasteur SA C-358/08, [2009] All ER (D) 228 (Dec)

Article 11 of Council Directive (EEC) 85/374 precluded national legislation which allowed the substitution of one defendant for another during proceedings, from being applied in a way which permitted a “producer”, within the meaning of Art 3 of the Directive, to be sued, after the expiry of the period prescribed by that article, as defendant in proceedings brought within that period against another person.

However, first, Art 1 did not preclude a national court from holding that, in the proceedings instituted within the period prescribed by that article against the wholly-owned subsidiary of the “producer”, within the meaning of Art 3(1) of the Directive, that producer could be substituted for that subsidiary if that court found that the putting into circulation of the product in question was, in fact, determined by that producer.

Second, Art 3(3) of the Directive had to be interpreted as meaning that, where the person injured by an allegedly defective product was not reasonably able

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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