Jurisdiction(s):
European Union

EU Product Liability for Defective Products: strict liability, scope, persons liable, damages, defences and limitation; key changes under the 2024 Revised Directive (85/374/EEC; Directive (EU) 2024/2853)

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note

This Practice Note outlines the legal framework for defective products under Council Directive 85/374/EEC, known as the EU Product Liability Directive (EU PLD), which fixes liability on producers where products are defective.

It explores:

the test for when a product is regarded as defective under the EU PLD
which actors in the supply chain can be responsible, the extent of their responsibility, and any contributory negligence considerations
the categories of recoverable damages and the range of defences open to a producer

It reviews Court of Justice jurisprudence and evaluates reports assessing the effectiveness of the EU PLD.

Be aware that on 18 November 2024, Directive (EU) 2024/2853 on liability for defective products, repealing Council Directive 85/374/EEC (the Revised EU PLD), was published in the OJEU. The Directive takes effect from 8 December 2024 and will repeal Directive 85/374/EEC, the EU PLD, on 9 December 2026. EU Member States must transpose the Revised EU PLD by 9 December 2026. For further details on the Revised EU PLD, see Practice Note: The Revised EU Product Liability Directive.

This Practice Note does not specifically address defective products in the health sector. For comprehensive guidance on defective products in the health sector, see Practice...

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Web page updated on 21/05/2026

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