PIP prostheses: the certifier shall pay compensation provisions: Allodocteurs.fr
The Court of Appeal of Aix-en-Provence confirmed Tuesday, January 21, 2014 conviction of the TÜV, certifying fraudulent PIP breast implants to pay 3,000 euros per victim until individual examinations to be carried out,
The TÜV, responsible for the certification of fraudulent PIP breast implants, was sentenced Nov. 14 by the civil Commercial Court of Toulon. Justice had found that the company had "failed to fulfill its obligation to control and vigilance."
Justice had imposed the certifier to provision 3,000 euros per victim , pending individual expertise for each.
The certifier had doubly appealing this decision, challenging the provisional enforcement of payment as well as "bottom" of the sentence.
A month after the hearing on the suspension of the provisional enforcement of payment, the court has rejected this request.
According to counsel for TÜV, Cécile Dericke, questioned by AFP, the hearing "on the merits", "which is the heart of the case" and "against which [TÜV] continues to fight" has not yet been set.
"We take note of this technical decision, relating solely to the provisional execution," continued the lawyer, explaining that if the appeal judgment on the merits should reverse the November 14, refunds are requested to victims.
Under criminal law, the founder of PIP, Jean-Claude Mas, 74, insolvent and charged with "aggravated deception" at the expense of carriers and "fraud" at the expense of TÜV who had brought civil action was sentenced Dec. 10 to four years in prison for selling fraudulent for years breast implants. He appealed.
