Philips Class Action – dismissal from 1st instance Court (december 2025)

CPAP Europe announces that on December 12, 2025, the 1st instance Court of Milan dismissed our class action complaint.

The reason is not on the merits of the case: the Court sees a lack of homogeneity among the proposed class, due to the complexity and diversity of heads of damages (exposure to risk; personal injury; loss of life), devices (BiPAP, CPAP, Trilogy), foams (type A, type B) and applicable laws.

It is our believe that above elements should have pushed the Court to approve the class action complaint and to create subclasses, because what Italian law states is that homogeneity is present whenever there are “homogeneous rights” deriving from a tortious conduct, certainly not whenever there are “homogeneous awards” or “identical awards” as it was in the previous legal regime.

Many if not of all of the other motions from Philips were dismissed by the Court.

We can so far express our disagreement because such a position empties the concept of access to justice in mass-tort claims and it forces victims to pursue ordinary avenues with skyrocketing costs.

However, as it is well-known, more often than not such costs make access to justice only potential, in contrast to EU and national regulations.

Discussions are under way in order to provide the best answer.