Latest news on key information regarding the limitation period for claims for anxiety-related damage
Published on :
20/07/2026
20
July
Jul
07
2026
On 29 May 2026, the Court of Cassation, sitting in a joint chamber, provided crucial guidance on the limitation period for claims relating to anxiety arising from potential physical injury.
In this case, a woman had been exposed to distilbene whilst in the womb. As an adult, the victim feared she might develop a serious medical condition.
She therefore sought compensation from the courts for her anxiety-related damage.
The Court of Appeal dismissed the victim’s claim, ruling that her action was time-barred under Article 2224 of the Civil Code. Indeed, in the absence of any manifest symptoms, the court held that the anxiety-related harm could not constitute personal injury.
The Court of Cassation points out that personal injury has a dual dimension: it may involve either physical or psychological harm to the individual. It is precisely this psychological aspect that encompasses anxiety-related harm: as anxiety is the consequence of a potential impairment to physical integrity resulting from exposure to the toxic substance, it must, according to the judges, be subject to the limitation period applicable to personal injury. Consequently, anxiety arising from potential bodily injury is subject to a ten-year limitation period.
Source : Cour de cassation, Chambre mixte, 29 mai 2026, 24-17.384, Publié au bulletin
History
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