The current directive on product liability was adopted almost 40 years ago. The revision of Directive 85/374 on liability for defective products aims to establish uniform rules for EU member states, ensuring the proper functioning of the economy and supporting consumers in obtaining fairer compensation for defective products.
As the European Union continuously updates legislation to encourage a deep transition to a more sustainable economic model, known as the circular economy, liability rules should be adapted to match the circular economy business model, ensuring they are transparent and fair for companies making substantial modifications to products.
Additionally, the updated directive recognizes that digital-era products include more than physical objects, expanding responsibility to cover software, digital production files, and the digital components of physical products. The goal is to facilitate consumer access to compensation and protect them against risks associated with manufacturing defects, including for new technologies.
Online sales platforms will have clearly defined responsibilities for products sold through them. If these platforms play an active role in the transaction process, they may be held liable for product defects, similar to traditional economic operators.
The directive aims to simplify the process for consumers to claim and obtain compensation in cases where they have suffered damages from defective products. It targets greater protection of consumer rights, supports cross-border claims, and improves the clarity and efficiency of compensation procedures.
Directive 2024/1799, concerning common rules to promote the repair of goods, aligns with regulations designed within the circular economy context, encouraging business models that reuse, repair, and reintegrate products or components. Manufacturers and distributors choosing to refurbish or substantially modify products must comply with clear safety standards to protect consumers from potential associated risks.
Product defects can relate to the way the product is designed, its technical characteristics, instructions for use, intended use, and the influence of other products on it, considering its lifespan and capacity for continuous improvement.
Under the current directive, the minimum threshold for damages eligible for compensation is 500 euros. However, the Parliament supports removing this threshold, allowing consumers to demonstrate damages for any defective product.
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