Asbestos: the dismissal in the Eternit case confirmed, the victims appeal

The national association for the defense of asbestos victims (Andeva) announced on Monday February 13 that it would appeal to the Court of Cassation after the confirmation of the dismissal of the case in the asbestos case of the company Eternit, described as "a new cold shower for the victims".

“It is not possible that in a democratic state like France, a health disaster which was avoidable does not know a criminal trial to judge the people who bear the responsibility”, estimates the association in a press release.

The investigating chamber of the Paris Court of Appeal confirmed on February 8 the dismissal order issued in July 2019 by investigating magistrates from the public health center of the Paris judicial court.

In the Eternit case, France's leading producer of asbestos-cement until the fiber was banned in 1997, five former managers or directors as well as the company had been indicted for homicide and involuntary injury, while six members of the group and four former labor inspectors had been placed under the intermediate status of assisted witness. Some of these people have since died.

But the investigating judges had finally dismissed the case, relying on a judicial expertise of February 2017, according to which it would be impossible to deduce with precision the moment of exposure of employees to this carcinogenic fiber and that of their contamination, and consequently to establish the criminal responsibilities of such and such a leader.

In their judgment, the judges of the Court of Appeal rejected these arguments but considered "that the persons charged or placed under the status of assisted witness did not benefit from the delegation of power in matters of health and safety" and that it was "not shown in the file that these people committed personal fault during the periods considered and not prescribed", explains Andeva.

According to the association, which considers that these assertions are "unacceptable", Eternit establishments have been "convicted hundreds of times for the inexcusable fault of the employer, with indisputable evidence of multiple breaches of the rules of health and safety requirements imposed by the Labor Code".

Eternit was one of the first asbestos producers targeted by complaints from former employees.