THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE

• Main Author: Inmaculada HERBOSA MARTÍNEZ
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2016-05-01
• Series: Challenges of the Knowledge Society
• Subjects: Liability; product liability; strict liability; producer liability; defective products.
• Online Access: http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.029.pdf

This paper focuses on the interpretation of the European Court of Justice concerning substantive aspects of the Directive 85/374/ECC of July25, 1985, on liability for defective products. Therefore, this work will deal with the interpretation of some aspects regarding the essence of products liability: The concept of defect and the extent of damage covered by this liability. In addition, a number of issues needing of interpretation are analysed, such as: The meaning of putting a product into circulation, the right to information of the consumer in order to prove the causation of damage, and finally the problems that arise in cases where the producer is exempt from liability.