Keywords
Summary

Keywords

Approximation of laws – Liability for defective products – Directive 85/374 – Scope

(Council Directive 85/374, Arts 1, 3 and 13)

Summary

The liability of a service provider which, in the course of providing services such as treatment given in a hospital, uses defective equipment or products of which it is not the producer within the meaning of Article 3 of Directive 85/374 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, as amended by Directive 1999/34, and thereby causes damage to the recipient of the service does not fall within the scope of the directive. Directive 85/374 does not therefore prevent a Member State from applying rules under which such a provider is liable for damage thus caused, even in the absence of any fault on its part, provided, however, that the injured person and/or the service provider retain the right to put in issue the producer’s liability on the basis of the directive when the conditions laid down by the latter are fulfilled.

(see para. 39, operative part)