Subject to this chapter, Chapter I of Title V of Law No 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century and Chapter X of Title VII of Book VII of the Code of Administrative Justice shall apply to actions brought on the basis of this chapter.
An association of users of the healthcare system approved pursuant to article L. 1114-1 may take legal action to obtain compensation for individual losses suffered by users of the healthcare system who are in a similar or identical situation and whose common cause is a failure by a producer or supplier of one of the products mentioned in II of article L. 5311-1 or by a service provider using one…
In the same decision, the court finds that the conditions mentioned in article L. 1143-2 have been met and rules on the defendant’s liability in the light of the individual cases presented by the claimant association. It shall define the group of users of the healthcare system in respect of whom the defendant is liable and shall set the criteria for inclusion in the group. The judge determines the bodily…
In the decision referred to in the first paragraph of Article L. 1143-3, the court shall set the time limit within which users of the healthcare system who meet the criteria for inclusion and who wish to rely on the judgment provided for in Article L. 1143-3 may join the group in order to obtain compensation for their losses. This period, which may not be less than six months or…
When ruling on liability, the court may order the defendant to pay an advance on the costs not included in the costs incurred by the association, including those relating to the implementation of article L. 1143-12. It may order, where it deems it necessary and compatible with the nature of the case, that part of the sums owed by the defendant be deposited with the Caisse des Dépôts et Consignations.
The court hearing the action referred to in article L. 1143-2 may, with the agreement of the parties, instruct a mediator, under the conditions set out in section 1 of chapter I of title II of law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, to propose to the parties an agreement setting out the terms of amicable…
The mediator is chosen by the judge from a list drawn up by order of the Minister for Health. The judge may decide that the mediator shall be assisted by a mediation committee composed, under the chairmanship of the mediator, under conditions determined by the decree provided for in article L. 1144-1. The mediator and the members of the committee are bound by professional secrecy regarding the documents and information…
Whether or not it includes a determination of liability, the out-of-court compensation agreement sets out the conditions under which the defendants will compensate persons who have suffered bodily injury as a result of one or more events identified in the agreement. It specifies in particular: 1° If the information available to the parties and the nature of the injury allow, the type of bodily injury likely to result from the…
The out-of-court compensation agreement is proposed to the parties by the mediator. It must be accepted by the claimant association and at least one of the defendants in the action brought under article L. 1143-2 and approved by the court hearing the action.
Approval terminates the proceedings between the parties who signed the agreement. The decisions taken by the judge in application of articles L. 1143-6 and L. 1143-7 are not subject to appeal.
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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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