Following a complaint by the plaintiff (an association whose associates are associations themselves) to the relevant public prosecutor's office to start investigating in relation to the dangerousness of the implants produced by Poly Implant Prothese (P.i.p.), The Superior Council of Health (C.S.S.), issued an opinion contained in a decree of 22th December 2011 declaring that, subsequent to investigations of French Authorities, it was discovered that the implants P.i.p. did not respect international standards. The implants were withdrawn from the market on the 1st April 2010. The opinion followed with the order to P.i.p. to call the patients with implants, specifying that the National Health Service would have been in charge of the surgeries if there was a specific clinical indication, without mentioning the modalities of substitution or the costs of surgeries for new implants.
On 8 February 2012 the Head of the Council of Ministries has summoned a State-Regions Conference to draft an agreement between the Government and the Regions on the management of owners of P.i.p. implants cases. Said document also foresaw other cases in which, even in absence of clinical signs, the doctor may suggest the implants removal.
With an act notified on the 28th February 2012 the plaintiffs contested and requested the annulments of the Ministry of Health decree of the 22th December 2011, in the parts in which there was no mention ofthe modalities for the charge, and in the parts in which it did not order the implants removal for every persons, even though it was a product not suitable for human use.