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New Product Liability Directive

Briefing 04-12-2023

As products have become more complex in the digital age, the European Commission published a proposal for a new directive on liability of defective products in September 2022. This would revise the existing Product Liability Directive, adopted nearly 40 years ago in 1985. The proposal aims to bring the European Union's product liability regime up to speed with the digital age, circular economy business models and global value chains by ensuring that consumers receive compensation for defective products ...

Based on a 2018 (REFIT) evaluation, the IA defines the main problems, the objectives and the policy options to address them with a clear intervention logic. It is based on solid internal and external expertise and various consultations to compensate for a considerable (and acknowledged) lack of data. While it is transparent about methods, uncertainties and limitations, additional quantification and/or substantiation would have been useful in some areas, namely when it comes to potential impacts on ...

Adopted in 1985, the Product Liability Directive (PLD) introduced a strict, harmonised product liability framework and legal certainty for producers and consumers facing damage caused by defective products. The PLD has co-existed for almost 40 years with national liability rules, offering a fault-based product liability system. The PLD also complements other legal instruments within the EU liability framework that address, for example, contractual liability and product safety. Significant societal ...

Consumers and repair of products

Briefing 17-09-2019

Repairing broken or damaged products can save consumers money by helping them postpone making replacement purchases, while also bringing benefits to the environment through lower waste production and use of resources. The EU's circular economy strategy considers maintenance and repair to be important ways of both keeping resources from being thrown away and of prolonging the lifespan of products. A 2018 European Commission behavioural study on consumer engagement in the circular economy showed that ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee – analyses existing European and national legislation on the regulation of drones for civil use, discussing how they are defined and classified, whether certification and registration is required, how liability is apportioned between the subjects involved, and if compulsory insurance is provided for. Finally, on the basis of a risk-management ...

This note contains an analysis of the remedial system under the proposal for a Regulation on a Common European Sales Law and some suggestions for possible amendments, focusing in particular on the delivery of goods not conforming to the contract, in line with the position of the German Federal Bar.

Executive summary This study was tasked to investigate the level of consumer awareness of their warranty rights, to what extent consumers exercise these rights, as well as their experiences when using them, as implemented in their countries. The study focuses in particular on Article 3 and 5 of the Consumer Sales Directive (1999/44/EC), on time limits and on the remedies available to consumers. It looks at the available evidence Europe-wide, and examines through original qualitative research experiences ...