Luxembourg, 31/05/2005 (Agence Europe) - Of all EU Member States, Italy is the only one to have intervened in the O'Byrne case against Aventis Pasteur at the European Court of Justice. The Italian government took a stance in support of the victim's lawyer (see EUROPE 8957). Neither the British government (as inadvertently stated) nor any other government considered it appropriate to support either party, to the regret of some observers who felt this would have helped to fuel the legal debate. To date, the EU directive on product liability has given rise to very few cases before the European Court of Justice.
When a case comes up at the European Court of Justice - like that sent by the High Court of London - all Member States must receive the dossier and may intervene depending on the interest that the case holds for them. They may, however, not intervene if they consider that their argument is taken up by another Member State which decides to support one of the parties. Nonetheless, it also happens that, in cases brought before the Court, several Member States intervene alongside a party to strengthen that party's position.