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Case C-285/08: Judgment of the Court (First Chamber) of 4 June 2009 (reference for a preliminary ruling from the Cour de cassation (France)) — Société Moteurs Leroy Somer v Société Dalkia France, Société Ace Europe (Liability for defective products — Directive 85/374/EEC — Scope — Damage to an item of property intended for professional use and employed for that purpose — National system permitting the injured person to seek compensation for such damage, where he simply proves the damage, the defect and the causal link — Compatibility)
ECLI:EU:UNKNOWN:62008CA0285
62008CA0285
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1.8.2009
Official Journal of the European Union
C 180/20
(Case C-285/08) (1)
(Liability for defective products - Directive 85/374/EEC - Scope - Damage to an item of property intended for professional use and employed for that purpose - National system permitting the injured person to seek compensation for such damage, where he simply proves the damage, the defect and the causal link - Compatibility)
2009/C 180/33
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Société Moteurs Leroy Somer
Defendants: Société Dalkia France, Société Ace Europe
Re:
Reference for a preliminary ruling — Cour de cassation (France) — Interpretation of Articles 9 and 13 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 (OJ 1985 L 210, p. 29) — Material scope of application of the directive — Lawfulness of a national system of liability permitting compensation to be obtained for damage to an item of property intended for professional use and employed for that purpose — Damage to a hospital generator due to the fact that an alternator overheated.
Operative part of the judgment
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 must be interpreted to mean that it does not preclude the interpretation of domestic law or the application of settled domestic case-law according to which an injured person can seek compensation for damage to an item of property intended for professional use and employed for that purpose, where that injured person simply proves the damage, the defect in the product and the causal link between that defect and the damage.
(1) OJ C 223, 30.08.2008.