Notwithstanding the provisions of article L. 1142-1, healthcare professionals may not be held liable for any damage resulting from the prescription or administration of a medicinal product outside the therapeutic indications or normal conditions of use provided for by its marketing authorisation or temporary use authorisation, or of a medicinal product not covered by either of these authorisations, when their intervention was made necessary by the existence of a serious health threat and the prescription or administration of the medicinal product was recommended or required by the Minister for Health pursuant to the provisions of article L. 3131-1.
Nor may the manufacturer of a medicinal product be held liable for damage resulting from the use of a medicinal product outside the therapeutic indications or normal conditions of use provided for in its marketing authorisation or temporary use authorisation, or from the use of a medicinal product not covered by either of these authorisations, when such use has been recommended or required by the Minister responsible for health pursuant to article L. 3131-1. The same applies to the holder of the marketing authorisation, temporary use authorisation or import authorisation for the medicinal product in question. The provisions of this paragraph do not exempt them from liability under the conditions of ordinary law for the manufacture or marketing of the medicinal product.