Abstract
In the judgment in comment, the EU Court of Justice holds that, in a contract between an insurance company and a medical device manufacturer, clauses limiting the geographical extent of the civil liability insurance coverage to harm occurred in the territory of a single Member State are not discriminatory on grounds of nationality. The judgment clarifies the operational scope of the discrimination prohibition under Article 18 TFEU for manufacturers and insurers. However, the judgment practically differentiates the protection of victims of defective medical devices on a geographical basis. To avoid this, compulsory insurance for medical device manufacturers could be introduced at the EU level.