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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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