Case - Switzerland - Geeta and others v. Syngenta

Geeta and others v. Syngenta

Summary of facts

In June 2021, the wives of two farmers, who died because of pesticides poisoning and a survivor of a severe case of poisoning submitted a civil lawsuit at the civil court of Basel. A specialist law firm in Basel (“Schadenanwaelte”) represents them in their claim for compensation based on product liability laws. Plaintiffs claim that they or their deceased husbands respectively have used Polo, a product developed and marketed by Syngenta. Its active ingredient (Diafenthiuron) allegedly came directly from Switzerland.

The case was filed at the court of first instance after a compulsory mediation procedure at the peace judge in Switzerland had ended without an agreement

Timeline

2022 Court of First Instance: Basel Regional Court

Jurisdiction

Yes

Applicable Law

Swiss Product Liability Law

Legal issues

The plaintiffs claim that the pesticide Polo is a defective product in accordance with the Swiss Product Liability Law as it cannot be used safely in the rural Indian context

Ruling / Outcome

In June 2022 the Regional Court granted the plaintiffs’ request for free legal aid (art. 117 et seq Civil Procedure Code), since they otherwise lack the financial means to do so. According to a web news from Public Eye, the court furthermore decided to treat the three cases separately and not to join them as different evidentiary questions might arise in each claim.
A decision on the merits is still outstanding. The case is ongoing

Court case