BURDEN OF PROOF IN MATTERS OF LEGAL LIABILITY OF VACCINE MANUFACTURERS. SOME LANDMARKS IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION Cover Image

SARCINA PROBEI ÎN MATERIA RĂSPUNDERII JURIDICE A PRODUCĂTORILOR DE VACCINURI. CÂTEVA REPERE DIN JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE
BURDEN OF PROOF IN MATTERS OF LEGAL LIABILITY OF VACCINE MANUFACTURERS. SOME LANDMARKS IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Author(s): Georgeta-Bianca Spîrchez, Elena Negoiţă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: means of evidence; presumption; injury; causal link; vaccine;

Summary/Abstract: This paper aims to bring into debate the issue of the evidentiary regime in the matter of liability of vaccine producers, following some of the principles outlined by the Court of Justice of the European Union in case C-621/15. By reference to these principles, our main concern was to argue that this liability should not be regarded as an illusory one, even if the medical research is not sufficiently advanced/conclusive to substantiate the existence of the causal link between the administration of the vaccine and the injury suffered.

  • Issue Year: 2021
  • Issue No: 09
  • Page Range: 129-136
  • Page Count: 8
  • Language: Romanian