Clauses intended to exclude or limit liability for defective products are prohibited and deemed unwritten. However, for damage caused to goods that are not used by the victim primarily for his private use or consumption, clauses stipulated between professionals are valid.
In the absence of fault on the part of the producer, the producer’s liability based on the provisions of this chapter shall be extinguished ten years after the very product which caused the damage was put into circulation unless, during this period, the victim has taken legal action. .
An action for compensation based on the provisions of this chapter shall lapse within three years from the date on which the claimant knew or should have known of the damage, the defect and the identity of the producer.
The provisions of this chapter are without prejudice to any rights which the victim of damage may have under contractual or extra-contractual liability law or under a special liability regime. The producer remains liable for the consequences of his fault and that of the persons for whom he is responsible. .
Any person responsible for ecological damage is obliged to make reparation for it.
Ecological damage consisting of non-negligible harm to the elements or functions of ecosystems or to the collective benefits derived by man from the environment may be compensated in accordance with the conditions laid down in this Title. .
Action for compensation for ecological damage is open to any person with standing and an interest in bringing an action, such as the State, the French Biodiversity Office, local authorities and their groupings whose territory is concerned, as well as public establishments and associations approved or created for at least five years on the date the proceedings are brought which have as their object the protection of nature and the…
Compensation for environmental damage is primarily in kind. In the event that it is de jure or de facto impossible or that reparation measures are insufficient, the judge shall order the person responsible to pay damages, earmarked for environmental reparation, to the claimant or, if the claimant is unable to take appropriate measures to this end, to the State. The assessment of the loss takes into account, where applicable, any…
In the event of a penalty payment, this shall be liquidated by the judge in favour of the claimant, who shall allocate it to the repair of the environment or, if the claimant is unable to take the useful measures to this end, in favour of the State, which shall allocate it to the same end. The judge reserves the power to liquidate it.
Expenses incurred to prevent the imminent occurrence of damage, to avoid its worsening or to reduce its consequences constitute compensable loss.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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