{"id":38671,"date":"2024-06-14T09:48:24","date_gmt":"2024-06-14T07:48:24","guid":{"rendered":"https:\/\/www.arqis.com\/?post_type=blog&p=38671"},"modified":"2024-11-20T11:07:29","modified_gmt":"2024-11-20T10:07:29","slug":"the-new-product-liability-directive","status":"publish","type":"blog","link":"https:\/\/www.arqis.com\/en\/arqis-blog\/die-neue-produkthaftungsrichtlinie\/","title":{"rendered":"The new product liability directive"},"content":{"rendered":"
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\n Regulatory <\/div>\n

The new product liability directive:
6 facts to take away<\/h1>\n <\/div>\n
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The new product liability directive:
6 facts to take away<\/a><\/div>\n
Themen<\/div>\n
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\n 14. June 2024 <\/h3>\n <\/div>\n <\/div>\n <\/div>\n <\/section>\n\n<\/div>\n\n\n\n
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In our series \"Product Law News in a Nutshell\", we regularly present new developments and case law in the areas of product safety, product liability and sustainable products. Most of these diverse innovations originate from the pen of European institutions.<\/em><\/p>\n

Liability for defective products is being massively tightened. The new Product Liability Directive, adopted by the European Parliament in March 2024, will almost completely change the strict liability system that has been in place for over 40 years.<\/p>\n

Overall, the amendments are almost all to the detriment of the industry. Especially in combination with new possibilities for collective action, there is a threat of considerable new liability risks, as claims for damages regardless of fault can be enforced relatively easily in terms of evidence.<\/p>\n

What are the most important changes that economic players should prepare for? 6 facts for take away:<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/section>\n<\/div>\n\n\n

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\n I. New disclosure obligations <\/div>\n <\/div>\n <\/div>\n
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The introduction of disclosure obligations is an absolute novelty in German civil procedure law. At present, injured parties who are obliged to provide evidence can often not introduce documents relating to product development and design, formulations, manufacturing, or findings from product monitoring into proceedings; the opposing party only has very limited obligations to file such documents.\u00a0<\/span><\/p>\n

That is going to change:<\/span><\/p>\n