The Product Liabilty Directive: Time to Get Soft?

(2013) Journal of European Tort Law 1-33

Posted: 23 Oct 2014

See all articles by Duncan Fairgrieve

Duncan Fairgrieve

British Institute of International and Comparative Law ; Université Paris Dauphine

Geraint Howells

affiliation not provided to SSRN

Marcus Pilgerstorfer

Old Square Chambers

Date Written: 2013

Abstract

The Product Liability Directive was adopted in 1985. Despite ample evidence of uncertainty as to the meaning of some key provisions, there is no sign that the Commission is keen to engage in a revision of the Directive. Our intention in this article is not to prescribe substantive solutions but to consider how, methodologically, reform might be achieved. Whilst some potential reforms, such as the removal of the ten year long-stop, may require legislative intervention we consider if there is any scope for making the law more certain with developments based on alternative ‘soft law’ techniques for promoting greater certainty. We conclude that Guidance may be helpful, but should be founded on a minor amendment to the Directive authorising such Guidance to be developed.

Keywords: Product Liability, Tort Law, Consumer Protection, European Law

JEL Classification: K13

Suggested Citation

Fairgrieve, Duncan and Howells, Geraint and Pilgerstorfer, Marcus, The Product Liabilty Directive: Time to Get Soft? (2013). (2013) Journal of European Tort Law 1-33. Available at SSRN: https://ssrn.com/abstract=2513835

Duncan Fairgrieve

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

Université Paris Dauphine ( email )

Place du Maréchal de Tassigny
Paris, Cedex 16 75775
France

Geraint Howells (Contact Author)

affiliation not provided to SSRN

Marcus Pilgerstorfer

Old Square Chambers

United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
345
PlumX Metrics