News New Legal Framework for Product Liability in the EU 21/11/2024

DIRECTIVE (EU) NO. 2024/2853 | REPEALING OF DIRECTIVE NO. 85/374/EEC

Directive (EU) 2024/2853, approved on 23 October and published last Monday, 18 November, introduces a new legal regime for product liability in the EU, repealing the important Directive 85/374/EEC. This update adapts European legislation to technological advances, particularly AI.

The main aim of the Directive is to ensure that consumers can easily exercise their right to compensation in the event of damage caused by defective products.

The main changes introduced are summarised below:

Extension of the concept of product: strict liability now covers all movable property, including software, even when it is integrated into other movable property or installed in immovable property;
Clarification of personal injury: clinically recognised and proven damage to psychological health is included;
Compensation for mixed-use goods: since goods are increasingly used for both private and professional purposes, it is now possible to compensate for damage to mixed-use goods. This excludes goods used exclusively for professional purpose;
Extended liability: all economic operators in the production chain can be held liable for damage caused by defective products. Liability does not depend on fault, but the claimant must bear the burden of proof of the damage, the product defect and the causal link between the two.

The Directive only applies to products placed on the market or put into service after 9 December 2026. Member States must transpose it into national law by that date.