# Product Liability Directive – Directive (EU) 2024/2853

URL: https://consilena.com/coverage/laws/stat_eu_32024l2853

- Jurisdiction: European Union
- Type: Directive
- Short name: Product Liability Directive
- Identifier: 32024L2853
- Current as of: 18 November 2024
- Provisions: 24
- Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024L2853-20241118
- Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj)
- Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic.

> The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law.

## Provisions

### Chapter I – General provisions

- **Art. 1 Subject matter and objective**: This Directive lays down common rules on the liability of economic operators for damage suffered by natural persons and caused by defective products, and on…
- **Art. 2 Scope**: 1. This Directive shall apply to products placed on the market or put into service after 8 December 2026. 2. This Directive does not apply to free and…
- **Art. 3 Level of harmonisation**: Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more stringent or…
- **Art. 4 Definitions**: For the purposes of this Directive, the following definitions apply: (1) ‘product’ means all movables, even if integrated into, or inter-connected with…

### Chapter II – Specific provisions on liability for defective products

- **Art. 5 Right to compensation**: 1. Member States shall ensure that any natural person who suffers damage caused by a defective product (the ‘injured person’) is entitled to compensation in…
- **Art. 6 Damage**: 1. The right to compensation pursuant to Article 5 shall apply in respect of only the following types of damage: (a) death or personal injury, including…
- **Art. 7 Defectiveness**: 1. A product shall be considered defective where it does not provide the safety that a person is entitled to expect or that is required under Union or national…
- **Art. 8 Economic operators liable for defective products**: 1. Member States shall ensure that the following economic operators are liable for damage in accordance with this Directive: (a) the manufacturer of a…
- **Art. 9 Disclosure of evidence**: 1. Member States shall ensure that, at the request of a person who is claiming compensation in proceedings before a national court for damage caused by a…
- **Art. 10 Burden of proof**: 1. Member States shall ensure that a claimant is required to prove the defectiveness of the product, the damage suffered and the causal link between that…
- **Art. 11 Exemption from liability**: 1. An economic operator as referred to in Article 8 shall not be liable for damage caused by a defective product if that economic operator proves any of the…

### Chapter III – General provisions on liability

- **Art. 12 Liability of multiple economic operators**: 1. Without prejudice to national law concerning rights of contribution or recourse, Member States shall ensure that where two or more economic operators are…
- **Art. 13 Reduction of liability**: 1. Without prejudice to national law concerning rights of contribution or recourse, Member States shall ensure that the liability of an economic operator is…
- **Art. 14 Right of recourse**: Where more than one economic operator is liable for the same damage, an economic operator that has compensated the injured person shall be entitled to pursue…
- **Art. 15 Exclusion or limitation of liability**: Member States shall ensure that the liability of an economic operator pursuant to this Directive is not, in relation to the injured person, limited or excluded…
- **Art. 16 Limitation period**: 1. Member States shall ensure that a limitation period of three years applies to the initiation of proceedings to claim compensation for damage falling within…
- **Art. 17 Expiry period**: 1. Member States shall ensure that an injured person is no longer entitled to compensation pursuant to this Directive upon the expiry of a period of 10 years…

### Chapter IV – Final provisions

- **Art. 18 Derogation from development risk defence**: 1. Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are…
- **Art. 19 Transparency**: 1. Member States shall publish, in an easily accessible and electronic format, any final judgment delivered by their national courts of appeal or of the…
- **Art. 20 Evaluation**: The Commission shall by 9 December 2030, and every five years thereafter, evaluate the application of this Directive and submit a report to the European…
- **Art. 21 Repeal and transitional provision**: Directive 85/374/EEC is repealed with effect from 9 December 2026. However, it shall continue to apply with regard to products placed on the market or put into…
- **Art. 22 Transposition**: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 December 2026. They…
- **Art. 23 Entry into force**: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
- **Art. 24 Addressees**: This Directive is addressed to the Member States.

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