ELI Draft of a Revised Product Liability Directive

Summary

The ELI PLD Draft aims at proposing solutions that will make the 1985 PLD fit for the digital age. It builds on earlier ELI output on the subject, and was drafted in full acknowledgment of plans by the European Commission to amend the 1985 PLD. It aims at providing a comprehensive, coherent and consistent model that can also serve as a point of reference for a future debate on a revision of the 1985 PLD at EU level.

Background

After various consultations of and reviews on the desirability of 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 products (PLD), the European Commission is now committed to reform. Several challenges have been highlighted in recent debates which justify at least some changes to the Directive.

The European Law Institute already participated in the ongoing debate. Its first ‘Innovation Paper’ published at the beginning of 2021 set out ‘Guiding Principles for Updating the Product Liability Directive for the Digital Age’. The document was presented and discussed at an ELI webinar. ELI also participated in the most recent public consultation launched by the European Commission on ‘Civil Liability – Adapting Liability Rules to the Digital Age and Artificial Intelligence’, by submitting a Response at the beginning of 2022. A very well-attended webinar was held to promote and outline the Response. The feedback by representatives of the European Commission Prof Dirk Staudenmeyer (DG JUST) and Mr Mark Beamish (DG GROW) was very positive.

In drafting the ELI response to the aforementioned public consultation, members of ELI’s team already considered various specific amendments the PLD. However, given lack of time, could not elaborate on these further.

Aim

The Team intended to embark on the task of redrafting the 1985 Product Liability Directive (PLD). The legislative proposal is accompanied by comments. It will be submitted to the European Commission, with a view to influencing its proposed reform in the field.

Outcome

The ELI PLD Draft aims at proposing solutions that will make the 1985 PLD fit for the digital age. It builds on earlier ELI output on the subject, and was drafted in full acknowledgment of plans by the European Commission to amend the 1985 PLD. It aims at providing a comprehensive, coherent and consistent model that can also serve as a point of reference for a future debate on a revision of the 1985 PLD at EU level.