Directive 85/374/EEC concerning liability for defective products: in the name of harmonisation, the internal market and consumer protection

Fidelma White

Research Handbook on EU Tort Law

Research Handbooks in European Law series

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Handbook

Published in print:: 27 Oct 2017

ISBN:: 9781785365713

eISBN:: 9781785365720

DOI:: https://doi.org/10.4337/9781785365720

Pages:: 512

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Chapter 5: Directive 85/374/EEC concerning liability for defective products: in the name of harmonisation, the internal market and consumer protection

Fidelma White

Handbook Chapter

Published:: 27 October 2017

Category:: Handbook Chapter

DOI:: https://doi.org/10.4337/9781785365720.00013

Pages:: 128–153 (26 total)

Collection: Law 2017

Abstract

Directive 85/374/EEC on liability for defective products has all the appearances of a consumer protection measure, however, a closer examination of the Directive and related case law from the Court of Justice shows that it is first and foremost an internal market measure based on maximum harmonisation. This chapter focusses on the harmonising nature of Directive 85/374/ECC and critically reviews the impact of maximum harmonisation on the consumer protection agenda. It also explores the respective competences of the European Union and member states and the room for manoeuvre left to member states. The chapter identifies the EuropeanCommission as the key player in any future development of Directive 85/374/EEC.

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