Sanofi Pasteur SA: An Important ECJ Ruling On Defective Paroducts

The preliminary ruling of the European Court of Justice (ECJ) in Sanofi Pasteur SA confirms that there are two separate bases of liability in defective product claims and that fault-based liability claims brought under national law can co-exist with strict liability claims brought under the Product Liability Directive (85/374/EEC) (PLD).

The ECJ also clarifies whether the 10‑year long‑stop under the Product Liability Directive is compatible with the right of access to a court under Article 47 of the EU Charter of Fundamental Rights, and how limitation periods should be calculated under the Product Liability Directive in progressive illness cases.

Background

On 26 March 2026, the ECJ issued its preliminary ruling in LF v Sanofi Pasteur SA (Case C‑338/24), which was referred by the Court of Appeal, Rouen, France. The referral was made in proceedings between LF (Claimant) and Sanofi Pasteur SA (a vaccine manufacturer) concerning an application for compensation for alleged harm