30.11.2013
EN
Official Journal of the European Union
C 352/8
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 19 September 2013 — Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt
(Case C-503/13)
2013/C 352/14
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Appellant on a point of law: Boston Scientific Medizintechnik GmbH
Respondent on a point of law: AOK Sachsen-Anhalt
Questions referred
1.
Is Article 6(1) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (1) to be interpreted as meaning that a product in the form of a medical device implanted in the human body (in this case, a pacemaker) is already defective if devices in the same product group have a significantly increased risk of failure, but a defect has not been detected in the device which has been implanted in the specific case in point?
2.
If the answer to the first question is in the affirmative:
Do the costs of the operation to remove the product and implant another pacemaker constitute damage caused by personal injury for the purposes of Article 1 and point (a) of the first sentence of Article 9 of Directive 85/374/EEC?
(1) OJ 1985 L 210, p. 29
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