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Accueil - Numero Revue - No. 1 - December 2023 - Taking EU Product Liability Law Seriously: How Can the Product Liability Directive Effectively Contribute to Consumer Protection?

Taking EU Product Liability Law Seriously: How Can the Product Liability Directive Effectively Contribute to Consumer Protection?

Taking EU Product Liability Law Seriously: How Can the Product Liability Directive Effectively Contribute to Consumer Protection?
Jean-Sébastien BORGHETTI
06/12/2023
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The 1985 Product Liability Directive (PLD) is currently being revised, with a view to adapting European Union product liability rules to the digital economy and new technologies. The ongoing discussion focuses on technical issues and apparently takes it for granted that the PLD as it stands adequately achieves the policy goals that were initially assigned to it, namely the establishment of a common market and consumer protection. However, a closer analysis shows that harmonising product liability is not needed to create a truly common market and, more importantly, that the PLD is not an effective instrument for consumer protection. A particular cause for concern is that almost no cross- border claims seem to be brought under the Directive, meaning that those injured by defective products are in effect left without a remedy when the producer is not located in the same country as they are. If the new PLD is to be more than mere poster legislation and to contribute effectively to consumer protection, more drastic changes to the current regime are needed than those that are currently being contemplated. The range of potential defendants should be broadened to include suppliers and online marketing platforms as a matter of principle, and the development risk defence as well as the application of a long-stop period in case of bodily injuries should be reconsidered.

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Pour citer l'article

Jean-Sébastien BORGHETTI, « Taking EU Product Liability Law Seriously: How Can the Product Liability Directive Effectively Contribute to Consumer Protection? », FRENCH JOURNAL OF LEGAL POLICY, No. 1 - December 2023, , .

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Table of contents

Table of contents

No. 1 - December 2023

Articles
Challenging Textual Interpretation in Multilingual Legal Systems
Pascal PICHONNAZ
Level Playing Field - The Meanings of a Discourse Justifying the Action of the European Union
Francesco MARTUCCI
Corporate Asset Locks: A Comparative and European Perspective
Florian MÖSLEIN Anne SANDERS
Is Payment a Blind Spot in the Development of Cryptocurrencies?
Marie BOUTRON-COLLINOT Anabel RIAÑO-SAAD
Taking EU Product Liability Law Seriously: How Can the Product Liability Directive Effectively Contribute to Consumer Protection?
Jean-Sébastien BORGHETTI
Book reviews
A Model of Doctrinal Pluralism?
Julie FERRERO
Identity as Self-Assertion. The Age of Rights and the Challenges of Postmodernity
Luca VESPIGNANI

Archives

No. 1 - December 2023

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