This decision of the Aix-en-Provence Court of Appeal emphasizes that the German certifier did not verify “the origin of the raw materials used”.
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One step closer. The Aix-en-Provence Court of Appeal confirmed, Thursday February 11, the responsibility of the TÜV certifier in the scandal of fraudulent breast prostheses PIP. This decision paves the way for the compensation of thousands of victims a little more before another crucial decision expected in Paris in May.
More than 10 years after the discovery of the fraud of the Var manufacturer founded by Jean-Claude Mas, whose death in 2019 put an end to the proceedings concerning PIP, the court of appeal stresses that the German certifier has not verified “the origin of the raw materials used by examining in particular the manufacturer’s accounts”.
If the implants showed an abnormal rate of rupture, it was because they were filled, for the sake of economy, with an inexpensive, artisanal non-conforming gel instead of the required silicone gel.
In doing so, the Court of Appeal confirmed the judgment of the Toulon Commercial Court of January 2017 which had ordered the German certifier to pay 60 million euros, or 3,000 euros to each of the 20,000 or so plaintiffs in this component, in advance of the damage suffered.
This decision “decisive after 10 years of legal combat” could “definitively pave the way for compensation for victims around the world”, welcomed Olivier Aumaître, lawyer for the Pipa association, which defends more than 20,000 potential victims in various proceedings.