News & Analysis as of July 23, 2025

European Union › Product Defects

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

The CJEU reinforces the liability of the distributor in claims for damages for defective products

Hogan Lovells on 2/26/2025

The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more

EU Updates its Product Liability Regime: Important Considerations for Providers of AI Systems and Software

Goodwin on 2/18/2025

The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more

CJEU Ruling: Impact of Trademarks on Joint Liability of Suppliers and Producers

Jones Day on 2/11/2025

The Court of Justice of the European Union ("CJEU") has issued a ruling on the joint liability of suppliers and producers in the context of product liability, with notable implications for the use and impact of trademarks in...more

New EU Product Liability Directive Comes Into Force

Latham & Watkins LLP on 12/24/2024

The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new...more

The EU Updates its Products Liability Directive to Include AI

Fenwick & West LLP on 12/13/2024

On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more

Placing products on the market in Germany (EU): What you need to know about the new Product Liability Directive

Hogan Lovells on 12/11/2024

The updated Directive aims to modernize the existing liability regime, in particular in the light of past and future technological developments as well as the challenges faced by plaintiffs in proving a claim. According to...more

Radical Changes to Europe's Product Liability Rules Adopted

Jones Day on 12/2/2024

Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more

The new product liability

A&O Shearman on 11/19/2024

On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more

Repairing the supply chain - The EU Directive on a right to repair

Hogan Lovells on 10/2/2024

Now it’s in force: the EU Directive on a right to repair. It is now up to the Member States to transform the fully harmonized provisions into national law within 24 months. From 31 July 2026 at the latest, manufacturers and...more

Mobility@McDermott: Monthly Update (02/2024)

McDermott Will & Emery on 3/4/2024

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

Jones Day on 11/13/2023

In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

EU Parliament's Committees vote on the proposal for a revision of EU product liability law

Hogan Lovells on 10/13/2023

A joint Committee of the European Parliament consisting of the Internal Market and Consumer Protection Committee (“IMCO”) and the Committee on Legal Affairs (“JURI”) approved their position on the European Commission's...more

EU Council's position on the proposed revision of EU product liability law

Hogan Lovells on 7/25/2023

The Council of the European Union ("Council") adopted its position on the European Commission's Proposal for a Directive on liability for defective products ("PLD Proposal") and suggested several changes to the initial draft...more

EU AI Act: Foundation Models and Almost at the Finish Line

Goodwin on 5/25/2023

On 11 May 2023, the European Union’s landmark AI Act took a giant leap forward as the EU Parliament's Internal Market Committee and the Civil Liberties Committee (EU Parliament) approved their compromise text. The draft AI...more

Repairing the supply chain – the proposed EU Directive on a right to repair

Hogan Lovells on 4/28/2023

The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050. At the same time it has a clear tendency to strengthen consumer rights. In...more

Sustainable Products Regulations: Repairing the supply chain – the proposed EU Directive on a right to repair

Hogan Lovells on 4/25/2023

The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050 and to strengthen consumer rights simultaneously. In this context it has now...more

Rebuttable presumptions of fact under the EU Commission’s recent product liability directive proposal

Hogan Lovells on 12/27/2022

Injured parties have claimed for a long time that one of the biggest obstacles they face to obtain compensation for damages suffered in product liability cases, is to meet the burden of proof regarding the defectiveness of...more

European Commission Proposes Reform on Liability Rules for Artificial Intelligence

Latham & Watkins LLP on 12/22/2022

The directives aim to assist claimants in proving the causation of damages and product defectiveness in complex AI systems, creating legal certainty for providers. On 28 September 2022, the European Commission issued two...more

Proposals Published for the Revision of the European Product Liability Directive

Shook, Hardy & Bacon L.L.P. on 10/17/2022

On Wednesday 28 September, the European Commission released details of its long-awaited proposal for the revision of the 1985 Product Liability Directive (PLD) that introduced a strict liability regime for defective products...more

Future-Proofing Product Safety in the UK

Shook, Hardy & Bacon L.L.P. on 4/29/2021

Earlier this month, we reported on the liability aspects of the UK government’s Consultation on Product Safety, as currently contained in the UK Consumer Protection Act 1987 (CPA). Alison Newstead and Marisa Pearce now...more

KITT meets Spartacus

Orrick, Herrington & Sutcliffe LLP on 4/26/2021

Who would be responsible if KITT, the supercar of the famous TV series, were to cause an accident: the company that produced the car, the driver or maybe KITT itself?...more

L’avvocato di Supercar

Orrick, Herrington & Sutcliffe LLP on 4/26/2021

Chi dovrebbe pagare i danni se KITT, la mitica Supercar della serie TV, provocasse un incidente? L’azienda che produce la macchina, il guidatore o magari la stessa KITT?...more

Are Tesla taxis a tragedy? Dutch taxi company demands 1.3 million euros in damages

Spirit Legal on 12/15/2020

“We’ve never had as many problems as with Tesla” (Tofik Ohoudi) Faulty vehicles, incorrect odometer readings and poor service: for one of Tesla’s biggest Dutch customers, enough is enough. Bios-Groep, which uses around...more

Taugen Tesla-Taxis nichts? Niederländisches Taxi Unternehmen fordert 1,3 Mio. Schadensersatz

Spirit Legal on 12/15/2020

"Noch nie so viele Probleme gesehen wie bei Tesla" (Tofik Ohoudi): niederländisches Taxiunternehmen fordert 1,3 Mio. Euro Schadensersatz. Defekte Autos, falsche Kilometerleistung und schlechter Service. Einer der größten...more

Insurance and Reinsurance Update

BCLP on 3/4/2019

This is our pick of the key recent legal and regulatory issues affecting the insurance and reinsurance sector. Non Party PI Insurers Liable for Costs - In the January 2019 case of Various Claimants v Giambrone the...more

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European Union › Product Defects

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