Since the summer of 2021, the Dutch company Koninklijke Philips N.V. has been forced to withdraw from the global market several devices massively affecting the whole world, and more specifically, defective models of respirators presenting a health risk for patients suffering from respiratory problems, including sleep apnea[1].
The nature and scale of the case led consumers around the world to question the legal options available to them in such a situation. A first initiative was the conclusion of an agreement between Philips and the United States, under which the Dutch company would have agreed to compensate 58,000 people affected by the defective devices, to the tune of 1.1 billion dollars[2], in order to collectively settle all claims for damages from the victims.
However, unlike in the United States, where the class action originated, what about on a European scale, and more specifically, in European Union law? European law has a legal text that is binding on its member states: Directive 2020/1828 on representative actions to protect the collective interests of consumers, which came into force on June 25, 2023. In its preamble, the Directive aims to "improve consumers' access to justice" (ch. 10), and consequently, to be represented by entities qualified to act against companies (art. 4 ch. 1). It thus enables European consumers to have their rights and interests protected in the event of infringement of European law by companies.
In June 2023, as part of the Global Justice Network (GJN), one of the world's leading groups of international lawyers, our firm proudly and with dignity demonstrated its willingness to continue its commitment by working and persevering in its mission to represent people harmed in Europe by the use of these devices, and in particular those in Switzerland who had used the 28,188 devices sold in that country. Together with the Italian consumer rights organization ADUSBEF, our groups then brought the first Europe-wide class action based on the aforementioned Directive against Philips[3].
Following the example of the United States, the European desire we represent today is to bring this action in order to obtain compensation for the 1.2 million European citizens concerned. The lawyers are claiming 70,000 euros per victim, representing a total of 84 billion euros. They justify this demand by the emotional trauma suffered and are also claiming additional compensation for patients who actually suffered health problems linked to the faulty respirators, as well as for the families of deceased patients[4].
The outcome of such an action will mark a high point in the jurisprudential history of European legal procedure, as it will pave the way for many future Europe-wide class actions, as we are currently experiencing with this first action against the Dutch company, Philips[5].
Despite the emergence of European class actions, which reflect new issues and introduce complex legal challenges due to their international nature, involving victims from different countries, our commitment remains intact. We are proud to continue to represent the Swiss, despite the legal challenges we face in this new era of European class actions. We will continue to be on hand to inform the Swiss about their rights, and to reaffirm our firm's commitment to defending its international clientele in close collaboration with the GJN.
[1] https://www.rtbf.be/article/respirateurs-philips-possiblement-defectueux-les-utilisateurs-attendent-les-actionnaires-reclament-dedommagement-11065254
[2] https://lemondedudroit.fr/decryptages/94291-vers-une-europe-des-nuclear-verdicts-l-affaire-philips-et-les-nouvelles-perspectives-juridiques.html
[3] https://www.euractiv.fr/section/sante/news/action-collective-a-lechelle-europeenne-contre-philips-pour-des-respirateurs-potentiellement-toxiques/
[4] https://www.euractiv.fr/section/sante/news/action-collective-a-lechelle-europeenne-contre-philips-pour-des-respirateurs-potentiellement-toxiques/
[5] https://lemondedudroit.fr/decryptages/94291-vers-une-europe-des-nuclear-verdicts-l-affaire-philips-et-les-nouvelles-perspectives-juridiques.html#_ftn3