Source: European Parliament
Directive (EU) 2024/2853[1] on a liability for defective products (the ‘2024 Directive’) updates the EU liability framework under Council Directive 85/374/EEC[2] (the ‘1985 Directive’), by ensuring that victims of damage caused by a defective product can claim compensation from the manufacturer of the defective product.
The 2024 Directive maintains the key principles established by the 1985 Directive. Specifically, it requires the victim to prove the defect, the damage, and the causal link between the two in order to obtain compensation in court.
Similar to the 1985 Directive, the 2024 Directive applies to all manufacturers, regardless of their size, with the objective of providing a safety net for victims when a defective product causes damage.
The directive does not impose obligations on small and medium-sized enterprises, except that they must compensate victims for damage caused by a product they placed on the market that failed to provide the appropriate level of safety.
The Commission is actively monitoring implementation of the 2024 Directive and, while the Commission does not intend to introduce any additional specific measures at this point, a review procedure is provided for in the directive[3].
- [1] Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC PE/7/2024/REV/1.
- [2] Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29-33.
- [3] Article 20 of Directive (EU) 2024/2853.