Defective products: liability
- any participant in the production process;
- the importer of the defective product;
- any person putting their name, trade mark or other distinguishing feature on the product;
- any person supplying a product whose producer cannot be identified.
- the actual damage;
- the defect in the product;
- the causal relationship between damage and defect.
- the presentation of the product;
- the use to which it could reasonably be put;
- the time when the product was put into circulation.
- that he did not put the product into circulation;
- that the defect causing the damage came into being after the product was put into circulation by him;
- that the product was not manufactured for profit-making sale;
- that the product was neither manufactured nor distributed in the course of his business;
- that the defect is due to compliance of the product with mandatory regulations issued by the public authorities;
- that the state of scientific and technical knowledge at the time when the product was put into circulation was not such as to enable the defect to be discovered. On this point, the Member States are permitted to take measures by way of derogation;
- in the case of a manufacturer of a component of the final product, that the defect is attributable to the design of the product or to the instructions given by the product manufacturer.
- damage caused by death or by personal injuries;
- damage to an item of property intended for private use or consumption other than the defective product, with a lower threshold of 500 euros.
The Directive does not apply to injury or damage arising from nuclear accidents covered by international conventions ratified by the Member States.
The producer's liability expires at the end of a period of ten years from the date on which the producer put the product into circulation.
No contractual clause may allow the producer to limit his liability in relation to the injured person.
- of the provisions governing the producer's non-liability when it is proved that the state of scientific and technical knowledge was not such as to enable the defect to be discovered before the product was put into circulation;
- of the application of any financial limit set for the producer's total liability.
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Directive 85/374/EEC[Consultation:CNS/1976/1020]||30.07.1985||30.07.1988||OJ L 210 of 07.08.1995|
|Amending act(s)||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Directive 1999/34/EC[Codecision:COD/1997/0244]||04.06.1999||04.12.2000||OJ L 141 of 04.06.1999|
Additional information on Product safety and the Community action programme in the field of public health 2003-2008.