Case of the PIP prostheses: TÜV, the certifier is not considered … – Le Figaro

The Court of Appeal of Aix-en-Provence found that the German certifier TÜV Rheinland had no responsibility in the scandal of defective breast implants, and should not compensate the 400,000 victims.

TUV has “fulfilled its obligations” of certification. This is the verdict of the court of appeal in Aix-en-Provence (Bouches-du-Rhône), which was to decide now the responsibility of the certifier TUV in the scandal of PIP breast implants. A decisive step for the 400,000 women from 35 different countries who were victims of the manufacturer, and waiting for compensation from the German company which was supposed to control the manufacture of the implants.

The Court of Appeal of Aix-en-Provence has found no négligence.Dans a statement, the court considers that TÜV Rheinland and its French subsidiary have “respected their obligations quality certification bodies “and that they did not” foul committed engaging their tort “.

The German company Tüv, who was responsible for certifying the quality of these low-cost prostheses , was accused of failing to assess the health risks of implants, which were filled with a silicone gel illegal. Among the negative consequences of these defective implants, many tumors, cancers, and ruptures of implants that dumped freezing in all women’s bodies operate.

Before its bankruptcy in 2010, the firm PIP Var was become a leader in the low-cost breast prosthesis. The OM lawyer Laurent Gaudon is head of one of the largest class action in the history of procedures involving more than 35 countries. In 2013 the Toulon Commercial Court had ruled TUV guilty, but has pledged to reimburse only the French victims. The court had found that quality control leader had “breached its obligation to control and vigilance.” He had thus ordered the company to compensate “the harm importers and victims,” ​​according to the decision, read in court by the president of the instance. The judgment required the then German certification to provision € 3,000 per victim, pending individual expertise for each. The appeal process could extend compensation to 400,000 victims of the firm … which would have led Tuva have to pay millions of euros. A colossal challenge that the company refused to assume, rejecting any responsibility on the Var manufacturer.

PIP leaders have themselves been convicted of offenses of “aggravated deception” and “fraud” committed between 2001 and 2010 and must be tried again, from 16 to 27 November in Marseille, after appeal brought by Jean-Claude Mas, founder of the company based in La Seyne-sur-Mer.

After a trial non-standard, Jean-Claude Mas was sentenced in December 2013 of four years in prison and 75,000 euros fine. Four other former company executives were convicted along with him. The founder of PIP recognized the deception but denied the dangerous nature of the “house gel” that was used to fill breast implants.

In its conclusions, the court presented him as the ” initiator of fraud, “a” deliberately organized while being aware of risks generated “fraud for the purpose of” significant reduction in the cost “breast implants.

The French government had recommended caution 2011 removal of PIP implants, of which 300,000 have been sold worldwide and about 30,000 in France.