Question 35016 — pharmacy and medications

Summary

Mr. Gérard Leseul alerts the Minister Delegate to the Minister of the Economy, Finance and Recovery, responsible for industry, about the responsibility of Member States and laboratories in the event of a defective covid-19 vaccine. Articles 1245 et seq. of the civil code on liability for defective products state that laboratories, that is to say "the producer is responsible for damage caused by a defect in its product, whether or not it is bound by a contract with the victim” (article 1245), unless it proves that “the state of scientific and technical knowledge, at the time when it put the product into circulation, did not make it possible to detect the existence of the defect” (art. 1245-10). This principle is clear. However, the delegate minister responsible for industry recently explained that, in the event of defective vaccines, “the Government recognizes that the producer's liability may, in certain specific circumstances, not be incurred. » Also, it seems that the anticipated purchase contracts (between laboratories and States) provide that Member States compensate the manufacturer for responsibilities incurred under certain conditions. The issue of the covid-19 vaccine requires great transparency and clarity towards citizens. We cannot content with vague formulas concerning the possible liability of laboratories. He asks him to specify the “certain particular circumstances” and “conditions” which would relieve the laboratories of their responsibilities.

Machine translation from French. The official text remains authoritative.

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