European Perspectives on Producers’ Liability: Direct Producers’ Liability and the Sellers’ Right of Redress - Comparative Report

Abstract

The Consumer Sales Directive has to a large extent harmonised the consumer’s rights and remedies against professional sellers. The European Commission has considered the introduction of an EU wide direct producers’ liability for a long time. Currently, the situation in Europe is divided: Whereas in most jurisdictions consumers can only bring claims against their sellers, a growing number of countries recognise a direct claim of the consumer or final buyer against the producer. The book compiles national reports from 24 European countries on the consumer’s remedies for non-conforming goods and the final seller’s right of redress. Additional contributions approach this topic from the perspectives of law and economics, legal history, and behavioural psychology. The comprehensive introductory chapter which is distributed here on SSRN provides a comparative report on the different models of producers’ liability, including their impact on the Internal Market, and sets out elements for further harmonisation.

Keywords: Producer's Liability, Product Liability, Tort Law, Contract Law, Comparative Law, European Private Law