Liability for defective products – AFEP’s position on the proposal 

AFEP has established its position on the proposal for a Directive on liability for defective products

In this paper, AFEP details its position on the following points: 

– Clear and coherent definitions, in order to avoid any confusion likely to lead to differences of interpretation, sources of litigation

– Legally sound criteria to assess the defective nature of a product, based on existing practices, as well as on clarified conditions relating to the burden of proof and access to evidence

– A definition of the presumption of product defectiveness based on substantiated legal concepts including the need for the claimant to prove a clear causal link between defects and damages

– Sufficient time for the transposition of the new provisions in national civil regimes and for stakeholders to comply with new obligations

Review of PLD - Position - AFEP - April 2023
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