Judgment_paragraph 32 · Centre hospitalier universitaire de Besançon v Thomas Dutrueux and Caisse primaire d'assurance maladie du Jura (C-495/10)

32In that regard, it is appropriate, first of all, to note that nothing in the wording of Directive 85/374 gives grounds for concluding that the EU legislature, in establishing producer liability for defective products, intended, so as to ensure undistorted competition and to facilitate the free movement of goods, to deny the Member States the power, as regards compensation for damage caused by a defective product used in the context of a service provision such as that at issue in the main proceedings, to provide for a system of liability on the part of the service provider corresponding to that established by Directive 85/374 (see, by analogy, Moteurs Leroy Somer, paragraph 30).

Centre hospitalier universitaire de Besançon v Thomas Dutrueux and Caisse primaire d'assurance maladie du Jura (C-495/10)

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