European Product Liability: An Analysis of the State of the Art in the Era of New Technologies

doi:10.1017/9781780685243

Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users.European Product Liability is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group). Individual country reports analyse the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development, such as major advances in mechatronics, nanotechnology, regenerative medicine and contour crafting. Together with an economic analysis of product liability it makes the book valuable for academics, practitioners, policy makers and all those interested in the subject.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of Authors
pp vii-x
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Introduction
pp 1-14
- By Piotr MacHnikowski, Professor of Civil Law and head of the Civil Law and Private International Law Department at the University of Wrocław, Poland
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PART I
pp 15-16
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Product Liability Directive
pp 17-108
- By Duncan Fairgrieve, Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, Geraint Howells, Dean and Chair Professor of Commercial Law, City University of Hong Kong, Peter Møgelvang-Hansen, Professor of Commercial Law at the Copenhagen Business School, Denmark, Gert Straetmans, Full Professor of European Economic, Consumer and Commercial Law, University of Antwerp, Belgium, Dimitri Verhoeven, Researcher, Faculty of Law, University of Antwerp, Belgium, Piotr MacHnikowski, Professor of Civil Law and head of the Civil Law and Private International Law Department at the University of Wrocław, Poland, André Janssen, Visiting Professor at the City University Hong Kong, China, Reiner Schulze, Professor of German and European Civil Law, University of Münster, Germany
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Part II
pp 109-110
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Austria
pp 111-148
- By Bernhard A Koch, Full Professor of Civil and Comparative Law and Academic Director of the Medical Law Programme at the University of Innsbruck, Austria
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Czech Republic
pp 149-154
- By Luboš Tichý, Professor of European, International Private and Civil Law and Director of the Centre for Comparative Law, Faculty of Law, Charles University, Prague, Czech Republic
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Denmark
pp 155-172
- By Marie-Louise Holle, Assistant Professor at Copenhagen Business School, Denmark, Peter Møgelvang-Hansen, Professor of Commercial Law at the Copenhagen Business School, Denmark
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England And Wales
pp 173-204
- By Ken Oliphant, Professor of Tort Law, Faculty of Law, University of Bristol, United Kingdom, Vanessa Wilcox, Senior Legal Researcher, Institute for European Tort Law, Vienna, Austria
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France
pp 205-236
- By Jean-Sébastien Borghetti, Professor of Private Law, University Panthéon-Assas (Paris II), France
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Germany
pp 237-274
- By Ulrich Magnus, Professor Emeritus at the University of Hamburg
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Italy
pp 275-310
- By Giovanni Comandé, Scuola Superiore Sant'Anna, Pisa, Italy
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The Netherlands
pp 311-358
- By Anne Lucienne Maria Keirse, Professor of Private Law at Utrecht University and a judge at the Court of Appeal in Amsterdam, the Netherlands
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Norway
pp 359-376
- By Bjarte Askeland, Professor at Faculty of Law, University of Bergen, Norway
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Poland
pp 377-406
- By Ewa Bagińska, Professor of Law and head of the Civil Law Department at the School of Law and Administration, University of Gdańsk, Poland
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Spain
pp 407-458
- By Miquel Martín-Casals, Professor of Civil Law, University of Girona, Spain, Josep Solé-Feliu, Senior Lecturer of Civil Law, University of Girona, Spain, and Fellow of the European Centre of Tort and Insurance Law, Austria
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Switzerland
pp 459-478
- By Bénédict Winiger, Full Professor, Faculty of Law, University of Geneva, Switzerland
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Canada
pp 479-522
- By Marie-Eve Arbour, Full Professor of Civil Law, Université Laval, Québec, Canada
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Israel
pp 523-548
- By Israel Gilead, Professor (Emeritus) of Law, Hebrew University of Jerusalem
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South Africa
pp 549-574
- By Johann Neethling, Senior Professor of Private Law, University of the Free State, Bloemfontein
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United States of America
pp 575-616
- By Michael D Green, Williams Professor of Law, Wake Forest University School of Law, United States, Jonathan Cardi, Professor of Law and Associate Dean for Research and Development, Wake Forest School of Law, United States
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PART III
pp 617-618
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Economic Analysis of Product Liability
pp 619-666
- By Michael Faure, Professor of Comparative and International Environmental Law, Maastricht University
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PART IV
pp 667-668
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Conclusions
pp 669-705
- By Piotr MacHnikowski, Professor of Civil Law and head of the Civil Law and Private International Law Department at the University of Wrocław, Poland
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European Product Liability

An Analysis of the State of the Art in the Era of New Technologies

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