In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device. According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions […]
Directive of July 25, 1985 on liability for defective products (the “Directive”) has introduced a strict liability regime under which producers/manufacturers are liable for damage caused by the defectiveness of their products. To enforce this strict liability regime, the aggrieved person is required to prove the defect, the damage and the causal relationship between the […]
The public is now better informed than ever before. And the public has never been so much worried with respect to environment-related matters. In this context, how should we understand the process of public participation in decisions affecting the environment that had been extended and regulated by the Law n° 2012-1460 of December 27, 2012, […]
The soil remediation market has experienced a significant growth over the past few years. The expenses incurred by the remediation of polluted sites and soils have reached 690 million Euros in 2010, and continue to grow every year[1]. Several factors may explain such growth: the tightened environmental regulatory provisions applicable to industrials, the rising demand […]
The highly publicized case concerning the incinerator of Gilly-sur-Isère, better known as the “dioxin case”, has finally reached its epilogue, more than ten years after the launch of the judicial investigation ordered by the Public Prosecutor of the Albertville Criminal Court. As may be remembered, an association of people living near the incinerator, supported by […]
The so-called Médiator® case[1] has fostered in France an unprecedented climate of suspicion towards the healthcare system and significantly tarnished the image of the medicinal product industry and healthcare companies in general. Fully aware of the shockwave caused by this case, the French legislator adopted a law to restore public confidence in the French health […]
Strategic Lawyering