Reference for a preliminary ruling from House of Lords (United Kingdom) lodged on 5 August 2008 — Aventis Pasteur SA v OB (by his mother and litigation friend) (FC)

(Case C-358/08)

(2008/C 260/19)

Language of the case: English

Referring court

House of Lords

Parties to the main proceedings

Applicant: Aventis Pasteur SA

Defendant: OB

Question referred

Is it consistent with the European Product Liability Directive (1) for the laws of a Member State to allow substitution of a new defendant to a claim brought under the Directive after the 10 year period for enforcing rights under Article 11 of the Directive has expired in circumstances where the only person named as a defendant in proceedings instituted during the 10 year period was someone who does not fall within Article 3 of the Directive?

(1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, p. 29).