CELEX: 62008CN0358
Language: en
Date: 2008-08-05 00:00:00
Title: Case C-358/08: Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)

11.10.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/11
            
         Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)
   (Case C-358/08)
   (2008/C 260/19)
   Language of the case: English
   Referring court
   House of Lords
   Parties to the main proceedings
   
      Applicant: Aventis Pasteur SA
   
      Defendant: OB
   Question referred
   Is it consistent with the European Product Liability Directive (1) for the laws of a Member State to allow substitution of a new defendant to a claim brought under the Directive after the 10 year period for enforcing rights under Article 11 of the Directive has expired in circumstances where the only person named as a defendant in proceedings instituted during the 10 year period was someone who does not fall within Article 3 of the Directive?
   
      (1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, p. 29).