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Case C-503/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt
ECLI:EU:UNKNOWN:62013CN0503
62013CN0503
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Valentina R., lawyer
30.11.2013
Official Journal of the European Union
C 352/8
(Case C-503/13)
2013/C 352/14
Language of the case: German
Referring court
Parties to the main proceedings
Appellant on a point of law: Boston Scientific Medizintechnik GmbH
Respondent on a point of law: AOK Sachsen-Anhalt
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 to be interpreted as meaning that a product in the form of a medical device implanted in the human body (in this case, a pacemaker) is already defective if devices in the same product group have a significantly increased risk of failure, 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 pacemaker 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?
Language of the case: German
(1) OJ 1985 L 210, p. 29