In the PIP case, the Court of Cassation has just broke the judgment of the Court of Appeal of Aix en Provence which had cleared the companies TUV Rheinland and in which my firm represented all the victims.
The Court of Cassation considers – as we have tirelessly argued for 6 years now – that if the audits of TUV had proceeded conscientiously and seriously, the fraud committed by PIP would have been discovered in 2001. There would be this day no victim.
This decision means that all women with PIP implants around the world will be able to obtain compensation for their injuries from TUV Rheinland.
For my 1,500 clients it is an immense relief, but not only, because for more than 6 months, the TUV companies have led to them a psychological war and of disdain unequaled.
As for the French victims, this company which realizes a turnover of 2 billion per year, sent the bailiffs to seize their account to recover the provision of 3000 e they had to pay in 2014. They take advantage for take 2000 e of interest and more. These sums must be returned within 24 hours. This judgment of the Court of Cassation will oblige TUV to restore without delay the temporary compensations (in french : provision) of 3000 e they had received before the commercial court, and that TUV had seized by bailiff 6 months ago taking into account the judgment call. If not, I will lodge a complaint.
With respect to foreign victims, TUV insinuated in several media that many of them were liars. Today, TUV Rheinland must be considered a liar.
With respect to my firm, TUV had attempted to intimidate me by filing several complaints against me personally (and the LE MONDE newspaper as well) because I had publicly stated that their audits had been conducted with negligence. I found myself indicted and sent to a correctional court.
Given today’s decision, fear will now change sides.
That is to say that this decision is a victory and a relief and rewards the pugnacity and the tenacity.
It is a historic decision whose scope is global.
It reminds those in charge of controlling and monitoring companies in sensitive sectors, such as health or nuclear, that justice will be very frightening to them. This will strengthen the credit and aura that the CE marking had lost because of this case.
Given the abject behavior of this multinational, my firm is determined to defend the largest number of victims and to obtain the most exemplary compensation conviction.
But not only my clients, but all the victims around the world.
Laurent GAUDON
