Marie Dominique X et al. v. Agricultural social mutuality

Reference :

16/00165

Complaint date :

May 12, 2008

Status :

Final judgment

Place of jurisdiction :

France, Rouen

Plaintiffs types :

Individuals, Technicians and Professional users

Plaintiffs names :

Marie Dominique X, Albéric X, Raphaëlle X, Tiphaine X

Defendants :

Agricultural social mutuality

Lawyers for Health and Environmental Justice :

François LAFFORGUE

Case nature :

Social court

Type(s), Product(s), Active substance(s) :

Other

Requests :

Coverage of Bernard X's bronchopulmonary cancer under the legislation on professional diseases, due to a double exposure to asbestos and phytosanitary products

Name of the Court :

Court of Appeal of Rouen, France

Jurisdiction level :

Decision date :

July 5, 2017

Decision nature :

Negative

Decision content :

The judges do not grant the appellants' request.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

Bertrand X... had a bronchial endocrine carcinoma diagnosed in February 2004. He died as a result of his disease on December 8, 2008. His beneficiaries requested that the Social Security Tribunal of Eure recognize Bernard X's disease as an occupational disease, resulting from a double exposure to asbestos and phytosanitary products. On November 12, 2015, the Social Security Tribunal rejected the Consorts' appeal and confirmed the decision to refuse coverage by the Caisse de Mutualité Sociale Agricole de Haute Normandie dated March 26, 2008, finding that there was no causal relationship between the disease and the incriminating exposures. The plaintiffs are appealing the decision. On July 5, 2017, the Rouen Court of Appeal confirmed the first instance judgment on the grounds that the direct causal link between the declared pathology and Bernard X's usual work was not sufficiently characterized.

Scientific references :

No scientifice reference for this case.