CELEX: 62013CN0504
Language: en
Date: 2013-09-19 00:00:00
Title: Case C-504/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v Betriebskrankenkasse RWE

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/8
            
         Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v Betriebskrankenkasse RWE
   (Case C-504/13)
   2013/C 352/15
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Appellant on a point of law: Boston Scientific Medizintechnik GmbH
   
      Respondent on a point of law: Betriebskrankenkasse RWE
   
      Questions referred
   
   
               1.
            
            
               Is Article 6(1) of 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 (1) to be interpreted as meaning that a product in the form of a medical device which is implanted in the human body (in this case, an implantable cardioverter defibrillator — ICD) is already defective if a malfunction has occurred in a significant number of devices in the same series, but a defect has not been detected in the device which has been implanted in the specific case in point?
            
         
               2.
            
            
               If the answer to the first question is in the affirmative:
               Do the costs of the operation to remove the product and implant another ICD constitute damage caused by personal injury for the purposes of Article 1 and point (a) of the first sentence of Article 9 of Directive 85/374/EEC?
            
         
      (1)  OJ 1985 L 210, p. 29.