INTRODUCTION
The new Directive (EU) 2024/2853 on liability for defective products and repealing Council Directive 85/374/EEC of 23.10.2024 (hereinafter: ‘PLD 2024’) entered into force on 8.12.2024 and must be implemented by 9.12.2026. The European legislator acknowledges that the previous Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products of 25.7.1985 (hereinafter: ‘PLD 1985’) ‘has been an effective and important instrument’. Nevertheless, the legislator identified the need for reform, particularly ‘in light of developments related to new technologies, including artificial intelligence (AI), new circular economy business models and new global supply chains, which have led to inconsistencies and legal uncertainty, particularly with regard to the meaning of the term “product”’ …
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Beate Gsell and Ann-Kristin Mayrhofer, The New Product Liability Directive 2024: Missed Updates or Upgrades for the Interplay with National Liability Rules and for Service Liability, Journal of European Consumer and Market Law volume 14, issue 5, pp 205-216 (2025).
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