Substitution of defendants
Aventis Pasteur v O’Byrne ECJ C-358/08; SJ 8 December p5
In November 2000, Declan O’Byrne’s parents claimed that the child had suffered severe brain damage after being treated with
a vaccine produced by Aventis Pasteur. They sued the pharmaceutical company’s UK subsidiary, but it argued that the correct
defendant should be its parent company. The claimants obtained an order for a substitution of defendant but the defendants
argued that the claim had by then become time-barred. The Court of Appeal allowed the substitution but the House of Lords
referred the matter to the European Court of Justice (ECJ).
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