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September 20, 2006

European Products Liability News

The European Commission has made its third Report on the application of the EU Product Liability DIrective which provides a common basis of liability for defective products throughout the EU.  The Report concludes that "the Directive works by and large in a satisfactory way," offering throughout the EU a common level of protection for consumers and a common basis for liability of producers and striking an appropriate balance between producers and consumers.  The Report specifically concludes that the "development risks defense," commonly called the "state-of-the-art" defense in the U.S., is a significant factor in achieving this balance.  The Report concludes that there is, at this stage, no need for major reform of the Directive. 

The European Commission must review the efficiency of the product liability legal framework provided by the Directive on a regular basis.  Two earlier reports were issued in 1995 and 2001.

JDP

September 20, 2006 | Permalink

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