Reference for a preliminary ruling from the Conseil d'État (France), lodged on 15 October 2010 - Centre hospitalier universitaire de Besançon v Thomas Dutrueux, Caisse primaire d'assurance maladie du Jura

(Case C-495/10)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Appellant: Centre hospitalier universitaire de Besançon

Respondents: Thomas Dutrueux, Caisse primaire d'assurance maladie du Jura

Questions referred

Having regard to the provisions of Article 13 thereof, does Directive 85/374/EEC of 25 July 1985 ¹ permit the implementation of a liability system based on the special situation of patients in public health establishments, in so far as it recognises, inter alia, that they have the right to obtain from such establishments, even in the absence of fault on the part of those establishments, compensation for injury caused by the failure of products and equipment which they use, without prejudice to the possibility for the establishment to seek indemnity from the producer?

Does Directive 85/374 limit the possibility for Member States to define the liability of persons who use defective equipment or products while providing services and, in so doing, cause damage to the recipient of those services?

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¹ - 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 (OJ 1985 L 210, p. 29).