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Product Liability Directive

In ForceDirective

Introduction

The Council Directive 85/374/EEC, commonly known as the Product Liability Directive (PLD), establishes a European-wide legal framework for liability concerning defective products. First adopted in 1985, its primary aim was to harmonize the varying national laws of Member States regarding product liability. This harmonization sought to eliminate distortions in competition, facilitate the free movement of goods within the internal market, and ensure a high and consistent level of consumer protection across the EU.

The directive introduced the principle of strict liability (or liability without fault), meaning an injured person can claim compensation from a product's producer without needing to prove negligence or fault. They only need to prove the damage, the defect in the product, and a causal link between the two.

Evolution and Relations to Other Laws

The original 1985 directive was amended in 1999 by Directive 1999/34/EC to explicitly include primary agricultural products (like crops and livestock) and game, which were previously excludable by Member States. The PLD operates alongside the General Product Safety Directive (GPSD), which focuses on preventing unsafe products from reaching the market, while the PLD provides a remedy for consumers after damage has occurred.

As of 2022, the European Commission has proposed a new Product Liability Directive to modernize the rules and adapt them to the challenges of the digital age and the circular economy, addressing issues like AI, software, and refurbished products.

Main Goal

The main goal of the Product Liability Directive is to provide a legal recourse for consumers who suffer damage (death, personal injury, or property damage) caused by a defective product. It aims to ensure that the burden of such damage is borne by the producers who introduce these products into the market, thereby incentivizing the production of safer goods.

Who It Applies To

The directive applies to economic operators who are considered 'producers'. This includes:

  • The manufacturer of a finished product, a component part, or the producer of any raw material.
  • Any person who presents themselves as the manufacturer by putting their name, trademark, or other distinguishing feature on the product.
  • The importer of a product into the European Union for sale, hire, leasing, or any form of distribution.
  • If the producer cannot be identified, each supplier of the product can be treated as its producer unless they inform the injured person of the identity of the producer or the person who supplied them with the product.

Key Dates

The directive required Member States to transpose its rules into national law within three years of its notification.

  • Notification Date: July 30, 1985
  • Transposition Deadline: July 30, 1988. From this date, the principles of the directive became applicable through national laws across the EU.
  • Limitation Periods: Injured parties have three years to bring a claim from the day they became aware of the damage, the defect, and the producer's identity. A producer's liability is extinguished ten years after the specific product that caused the damage was put into circulation.

Exemptions

The directive includes a significant defense for producers, often called the 'development risk' or 'state-of-the-art' defense. A producer is not liable if they can prove that the state of scientific and technical knowledge at the time the product was put into circulation was not advanced enough to enable the defect to be discovered.

Key Provisions

  • Strict Liability: The core principle that the producer is liable for a defective product regardless of fault or negligence.
  • Definition of 'Product': All movables are covered, including electricity and, following the 1999 amendment, primary agricultural products and game.
  • Definition of 'Defect': A product is considered defective when it does not provide the safety which a person is entitled to expect, considering all circumstances, including its presentation, its reasonably expected use, and the time it was put into circulation.
  • Types of Damage Covered: The directive covers:
    • Damage caused by death or personal injuries.
    • Damage to, or destruction of, any item of property, provided the item is of a type ordinarily intended for private use or consumption. This is subject to a lower threshold of 500 EUR.
  • Burden of Proof: The injured person is required to prove the damage, the defect, and the causal relationship between the defect and the damage.

Obligations & Requirements

The primary obligation for producers and importers is to ensure that products placed on the EU market are safe. If a product is found to be defective and causes damage, the producer is legally obligated to provide compensation to the injured party. This creates a strong incentive for robust quality control, risk assessment, and clear user instructions.

Affected Products/Actors/Processes

  • Affected Actors: Manufacturers, brand-owners, importers, and in some cases, suppliers.
  • Affected Products: Virtually all movable products placed on the EU market, including components, raw materials, electricity, agricultural products, and game.
  • Affected Processes: Product design, manufacturing, quality control, labeling, and post-market surveillance.

Penalties

The directive does not prescribe administrative fines or criminal penalties. The 'penalty' for non-compliance is the civil liability to pay full compensation for the damages caused by a defective product. The specific procedures for claiming compensation and the amounts awarded are determined by the national courts of the Member States.

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Pillars

SocialGovernance

Audience

BusinessStates

Applicable Area

EU

Categories

Legislation & frameworksCustomer & Product ResponsibilityRisk ManagementRegulatory ComplianceHuman RightsEthical ProductionProduct transparency

Council Directive 85/374/EEC

Timeline
  • Proposed
    Jul 23, 1976
  • Approved
    Apr 26, 1979
  • Adopted
    Jul 25, 1985
  • Published
    Aug 7, 1985
  • In Force
    Jul 30, 1985
  • In Application
    Jul 30, 1988
  • Last Updated
    Nov 18, 2024

Council Directive 85/374/EEC required EU Member States to transpose its provisions into their national laws within three years of its notification. The directive was notified on July 30, 1985, setting the deadline for national implementation and application by July 30, 1988. The amending Directive 1999/34/EC, which extended the scope to agricultural products, had to be transposed by December 4, 2000. The directive applies to all producers and importers placing products on the EU market. There is no phased rollout based on company size; the rules apply universally to all in-scope economic operators from the date of national transposition.

Documents & Attachments

Official Documents

Liability for Defective Products Directive
Directive (EU) 2024/2853Oct 23, 2024
DirectiveEnglishEU
Liability for Defective Products Directive
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on liability for defective productsSep 28, 2022
Proposal OfficialEnglishEU
Defective Products Liability Directive
Directive 1999/34/ECMay 10, 1999
DirectiveEnglishEU
Liability for Defective Products Directive
Proposal for a European Parliament and Council Directive amending 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 productsOct 1, 1997
Proposal OfficialEnglishEU

National Transpositions

Zákon o ochrane spotrebiteľa
Zákon č. 451/2004 Z. z.Aug 4, 2004
Local LawSlovakSlovakia
Zákon o zodpovednosti za vadné výrobky
Zákon č. 294/1999 Z. z.Nov 13, 1999
Local LawSlovakSlovakia
Zákon občanský zákoník
Zákon č. 89/2012 Sb.
Local LawCzechCzech Republic
Zákon o občanském soudním řádu
Zákon č. 30/2000 Sb.
Local LawCzechCzech Republic
Zákon o občanském soudním řádu
Zákon č. 99/1963 Sb.
Local LawCzechCzech Republic
Produkthaftungsgesetz
BGBl. 1989 I S. 2198
Local LawGermanGermany

General Information Documents

European Parliament resolution of 16 February 2022 on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive) (2021/2040(INI))
Feb 16, 2022
Communication Non LegislativeEnglishEU
European Parliament resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (2020/2014(INL))
Oct 20, 2020
Communication Non LegislativeEnglishEU
European Parliament resolution of 3 July 2018 on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability (2017/2007(INI))
Jul 3, 2018
Communication Non LegislativeEnglishEU
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the Application of the Council Directive on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)
May 7, 2018
InformationEnglishEU
COMMISSION STAFF WORKING DOCUMENT Evaluation of 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 Accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the Application of the Council Directive on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)
May 7, 2018
InformationEnglishEU
COMMISSION STAFF WORKING DOCUMENT STAKEHOLDER CONSULTATION - SYNOPSIS REPORT Accompanying the document Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the Application of the Council Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)
May 7, 2018
InformationEnglishEU
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Artificial Intelligence for Europe
Apr 25, 2018
Communication Non LegislativeEnglishEU
European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL))
Feb 16, 2017
Communication Non LegislativeEnglishEU
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Fourth report on the application of 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 amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999
Sep 8, 2011
InformationEnglishEU
Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee - Third Report on the application of Council Directive on the approximation of laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC of 25 July 1985, amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999)
Sep 14, 2006
InformationEnglishEU
Council Resolution of 19 December 2002 on amendment of the liability for defective products Directive
Dec 19, 2002
Communication Non LegislativeEnglishEU
Report from the Commission on the Application of Directive 85/374 on Liability for Defective Products
Jan 31, 2001
InformationEnglishEU
FIRST REPORT ON THE APPLICATION OF COUNCIL DIRECTIVE ON THE APPROXIMATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES CONCERNING LIABILITY FOR DEFECTIVE PRODUCTS (85/374/EEC)
Dec 13, 1995
InformationEU

No supportive documents available.