THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE
This paper focuses on the interpretation of the European Court of Justice concerning substantive aspects of the Directive 85/374/ECC of July25, 1985, on liability for defective products. Therefore, this work will deal with the interpretation of some aspects regarding the essence of products liabilit...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.029.pdf |
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| author | Inmaculada HERBOSA MARTÍNEZ |
| author_facet | Inmaculada HERBOSA MARTÍNEZ |
| author_sort | Inmaculada HERBOSA MARTÍNEZ |
| collection | DOAJ |
| description | This paper focuses on the interpretation of the European Court of Justice concerning substantive aspects of the Directive 85/374/ECC of July25, 1985, on liability for defective products. Therefore, this work will deal with the interpretation of some aspects regarding the essence of products liability: The concept of defect and the extent of damage covered by this liability. In addition, a number of issues needing of interpretation are analysed, such as: The meaning of putting a product into circulation, the right to information of the consumer in order to prove the causation of damage, and finally the problems that arise in cases where the producer is exempt from liability. |
| format | Article |
| id | doaj-art-0b99b66e063a43ca9a318918b27b45d1 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2016-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-0b99b66e063a43ca9a318918b27b45d12025-01-02T16:58:38ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-182189THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICEInmaculada HERBOSA MARTÍNEZ0Professor PhD, Deusto UniversityThis paper focuses on the interpretation of the European Court of Justice concerning substantive aspects of the Directive 85/374/ECC of July25, 1985, on liability for defective products. Therefore, this work will deal with the interpretation of some aspects regarding the essence of products liability: The concept of defect and the extent of damage covered by this liability. In addition, a number of issues needing of interpretation are analysed, such as: The meaning of putting a product into circulation, the right to information of the consumer in order to prove the causation of damage, and finally the problems that arise in cases where the producer is exempt from liability.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.029.pdfLiabilityproduct liabilitystrict liabilityproducer liabilitydefective products. |
| spellingShingle | Inmaculada HERBOSA MARTÍNEZ THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE Challenges of the Knowledge Society Liability product liability strict liability producer liability defective products. |
| title | THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE |
| title_full | THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE |
| title_fullStr | THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE |
| title_full_unstemmed | THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE |
| title_short | THE DIRECTIVE 85/374/EEC ON DEFECTIVE PRODUCTS: ITS INTERPRETATION BY THE EUROPEAN COURT OF JUSTICE |
| title_sort | directive 85 374 eec on defective products its interpretation by the european court of justice |
| topic | Liability product liability strict liability producer liability defective products. |
| url | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=02_privat_law%2F&download=CKS+2016_private_law_art.029.pdf |
| work_keys_str_mv | AT inmaculadaherbosamartinez thedirective85374eecondefectiveproductsitsinterpretationbytheeuropeancourtofjustice AT inmaculadaherbosamartinez directive85374eecondefectiveproductsitsinterpretationbytheeuropeancourtofjustice |