Directive (EU) 2024/2853 on liability for defective products

What it is

The Committee on the Internal Market and Consumer Protection and the Committee on Legal Affairs adopted the report presented by Pascal ARIMONT (EPP, BE) and Vlad-Marius BOTOŞ (Renew, RO) on the proposal for a directive from the European Parliament on liability for defective products. The relevant committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows: The report specifies that this Directive lays down common rules on the liability of economic operators for damage suffered by natural persons caused by defective products and is aimed at ensuring that such persons are entitled to compensation. The objective of this Directive is to contribute to the proper functioning of the internal market, while ensuring a high level of consumer protection, and to remove divergences between the legal systems of Member States related to the liability of economic operators for damage suffered by natural persons caused by defective products. The European Parliament adopted by 543 votes to 6, with 58 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council on liability for defective products. The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows: The proposed Directive lays down common rules on the liability of economic operators for damage suffered by natural persons and caused by defective products, and on compensation for such damage. Its objective is to contribute to the proper functioning of the internal market while ensuring a high level of protection of consumers and other natural persons. The Directive should apply to products placed on the market or put into service after 2 years from the date of entry into force of this Directive. It should not apply to free and open-source software that is developed or supplied outside the course of a commercial activity. The right to compensation should apply in respect of only the following types of damage: - death or personal injury , including medically recognised damage to psychological health; - damage to, or destruction of, any property , except: (i) the defective product itself; (ii) a product damaged by a defective component that is integrated into, or inter-connected with, that product by the manufacturer of that product or within that manufacturer’s control; (iii) property used exclusively for professional purposes; - destruction or corruption of data that are not used for professional purposes. The right to compensation should cover all material losses resulting from the abovementioned damage. The right to compensation should also cover non-material losses resulting from the damage, in so far as they can be compensated for under national law. A product should be considered defective if it does not provide the safety that a person is entitled to expect or that is required under Union or national law. In assessing the defectiveness of a product, all circumstances should be taken into account, including: - the presentation and the characteristics of the product, including…

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