﻿Council directive of july 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerns liability for defective products.
The council of the european communities has adopted this directive.
Having regard to the proposal from the commission.
Whereas approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property.
Whereas liability without fault should apply only to movables which have been industrially produced.
Whereas protection of the consumer requires that all the producers involved in the production process should be made liable in so far as their finished product, component part or any raw material supplied by them was defective.
Whereas, to the extent that liability for nuclear injury or damage is already covered in all Member States by adequate special rules, it has been possible to exclude damage of this type from the scope of this directive.
Whereas to protect the physical well-being and property of the consumer the defectiveness of the product should be determined by reference not to its fitness for use but to the lack of the safety which the people at large is entitled to expect.
Producer means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who  by putting his name, trade mark or other distinguishing feature on the product presents himself as its producer.
The producer shall be liable for damage caused by a defect in his product.
The injured person shall be required to prove the damage, the defect and the causal relationship between defect and damage.
Where, as a result of the provisions of this directive, two or more persons are liable for the same damage.
They shall be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse.
A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account.
The liability of the producer arising from this directive may not, in relation to the injured person  be limited or excluded by a provision limiting his liability or exempting him from liability.
This directive shall not apply to injury or damage arising from nuclear accidents and covered by international conventions ratified by the Member States.
Without prejudice to the liability of the producer any person who imports into the community a product for sale,  hire or any form of distribution in the course of his business shall be deemed to be a producer within the meaning of this directive.
However, if within three months of receiving the said information the commission does not advise the Member State concerned that it intends submitting such a proposal to the council, the Member State may take the proposed measure immediately.
The liability of the producer may be reduced or disallowed when, having regard to all the circumstances, the damage is caused both by a defect in the product and by the fault of the injured person or any person for whom the injured person is responsible.
Any member state may provide that a producer's total liability for damage resulting from a death or  personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than 70 million ecu.
