Philips wins Dutch court battle with shareholders over recall

Dutch Court Rules in Favor of Philips in Shareholder Lawsuit Over Recall

Philips Shareholder Lawsuit and Court Ruling

Background of the Lawsuit

AMSTERDAM, Oct 10 (Reuters) - A Dutch court on Saturday dismissed demands by shareholders of health technology company Philips for an investigation into allegations of misleading disclosures and management failures linked to the company's recall of sleep apnea devices.

Shareholders' Demands

• A large group of shareholders had demanded a court inquiry, as they said Philips executives had responded too late to the problems that led to the massive recall and had failed to adequately inform investors.

Impact of the Recall

• Philips' shares lost about two thirds of their value when the company recalled around 15 million sleep apnea devices in 2021, after discovering that the foam in the machines could release harmful substances and might pose health risks.

The Court's Decision

Findings of the Amsterdam Court of Appeal

• The Enterprise Chamber of the Amsterdam Court of Appeal in its ruling said it had found no indication that Philips had known about the problems long before it issued any warning.

• It also said there was no reason to assume executives should have intervened earlier at the Respironics subsidiary that made the devices.

Philips' Response

• Philips had denied the accusations made by the shareholders and said it welcomed the court's decision.

Broader Implications and Ongoing Investigations

International Probes

Investigations in France

• The sleep apnea devices recall led to probes in multiple countries, including France, where prosecutors are still investigating charges of aggravated fraud and failure to report safety risks.

US Settlement

• Philips in 2024 agreed to pay $1.1 billion to settle all personal injury claims related to the devices filed in the US.

(Reporting by Bart MeijerEditing by Tomasz Janowski)