Friday, January 20, 2017

TÜV will have to pay for faulty breast implants compensation – FAZ – Frankfurter Allgemeine Zeitung

The TÜV has to be liable for defective breast implants, decided on Friday to a French court.

The scandal of defective breast implants made in France, TÜV Rheinland has been sentenced on Friday to a compensation payment of 20,000 applicants. The competent commercial court in Toulon ruled that the German certification authority’s negligence had to be traded and, therefore, 20,000 women in the amount of 3000 Euro to compensate. The TÜV Rheinland has had the harmful, hazardous to health certified the implants French company PIP. The lawyers argued that TÜV Rheinland had been deliberately deceived, and announced they would immediately appeal against the verdict. The TÜV has always stressed to be from the French manufacturer PIP been deceived.

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in 2015, the TÜV Rheinland from the court of appeal in Aix-en-Provence from the allegation of the violation of the duty of supervision was contributions acquitted. The appeal judges argued that the TÜV Rheinland are able to detect the defects didn’t, because the manufacturer had this hidden. In 2013, TÜV Rheinland had been condemned to compensate 3000 women due to violation of the duty of supervision. The court held the TÜV to have against its “Supervisory duties”. It has already been paid eleven million Euro in damages. The owner of the company PIP, was convicted in a separate trial for fraud to a prison sentence, the company went bankrupt.

The TÜV criticized the verdict sharp: “The commercial court of Toulon misunderstands and ignores the clear findings of the court of appeal (Aix-en-Provence), in this case,” said TUV lawyer Cecile Derycke. “Against this Background, it is irresponsible for the payment of provisional amounts to award, and to declare the judgment provisionally enforceable. We will attack the front of the court of appeal." The exact amount of damages is to be determined, according to the court decision on the basis of expertise. The TÜV but should pay provisional amounts in a total amount of 60 million Euro.

In Germany are many women with low-grade industrial silicone-filled implants since 2012. The Federal Institute for drugs and medical devices had the recommended time. It was found in many of the implants cracks, so that the liquid could leak out. The distribution of the implants were banned by French authorities in 2010. The European court of justice has confirmed, in September 2016 in a report that the MOT for the faulty implants must. The Federal court of justice had requested the opinion in a further process against the TÜV.


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