TÜV cert, the certification body of breast implants in fraudulent PIP, was sentenced Friday by the court of commerce of Toulon, france, to compensate approximately 20,000 complainants to the tune of 3,000 euros each, i.e. a total sum of 60 million euros, the provision for the damage suffered.
This decision, seen by AFP, in the same sense that a first judgment rendered by this court, despite a ruling of the court of appeal of Aix-en-Provence, who had cleared the inspection company TÜV Rheinland and its French subsidiary in a folder of the same case relating to other complainants.
The company Poly Implants Prostheses (PIP) founder Jean-Claude Mas has been sentenced on appeal to 4 years in prison in may 2016 – had filled for several years breast implants with a gel fraudulent contempt of sanitary rules and misleading the organizations of control and certification, TÜV was part of it.
3,000 euros in provisions to pay for TÜV
most of the complainants are concerned by this procedure are foreign, particularly Latin american. Eight distributors of prostheses PIP abroad are also part of the procedure.
“The final amount will be determined after expertise, but already, (TUV) is ordered to pay 3,000 euros in provisions,” said Laurent Gaudon, who represents about 7,000 victims in this folder. It is”a decision with provisional enforcement of a right”, he added: TÜV should therefore pay provisions, even if he did call.
“This is a decision that will, of course, both the facts and the violations committed by the TÜV are glaring”, he responded.
Of the conflicting decisions
In 2013, the court of commerce of Toulon, france, ordered the company to pay 3.400 € 1.700 other complainants, in the meantime the expertise to determine the prejudice to each of them. But before the court of appeal in Aix-en-Provence, TÜV, who had had to pay 5.8 million euros, had finally won the case. An appeal in cassation is still underway in the first folder.
“These decisions are in total contradiction with the long series of positions taken by the courts and authorities who have studied the merits of the case PIP to this day,” responded Me Cécile Derycke, the lawyer of the TÜV, in a press release.
“The court of commerce of Toulon continues to ignore the elements very clear for the record PIP, which establish that the notified body TÜV Rheinland (…) has accomplished its mission of notified body with diligence and in full compliance with the applicable regulations,” she continued, announcing that the company would appeal.