Life Sciences Horizons Brochure 2025 - Flipbook - Page 66
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2025 Horizons Life Sciences and Health Care
PL directive liability extended to many economic operators in the EU
The PL Directive aims to improve the effectiveness of
the consumer's right to compensation by broadening
both the concept of the product and the responsibility
for defective products. Now, any manufacturer
involved in the production process can be held liable
if their product or component is defective. Article 8
of the PL Directive replaced the reference to
"manufacturer" with a list of responsible "economic
operators," including: the product manufacturer, the
manufacturer of a defective component, the importer,
the authorized representative, the logistics service
provider, and the distributor. However, the latter are
only liable if they fail to designate an economic
operator or their own distributor.
The PL Directive also imposes liability on any provider of an
online platform that allows consumers to conclude distance
contracts with traders, unless they identify an economic operator
established in the EU. Online platforms acting solely as
intermediaries are exempt from liability unless they mislead
consumers into believing that the product is supplied by the
platform itself or by a trader under its control.
The aim is to ensure that all consumers in the EU are protected,
and can rely on the jurisdiction of Member States. Consumers can
take action against any entity that holds itself out as the producer,
and uses any distinctive element that may give the impression
that it has been involved in the production process, pursuant to
recitals 36 and 38.
The Court of Justice of the European Union (CJEU) has supported
this approach in its judgment of 19 December 2024, interpreting
that a supplier of a product can be held liable if their name or a
distinctive element is identical to that of the manufacturer. The
CJEU concluded that a supplier holds itself out as the producer if
it benefits from the coincidence between their name and that of
the producer, thereby creating in the consumer a confidence
similar to that which it would have if the product were sold
directly by the producer.
In summary, both the 19 December CJEU judgement and the new
PL Directive aim to extend consumer protection and ensure that
products are linked to European legislation by extending liability
to all economic operators that are involved in production and
distribution, and those presenting themselves as producers
within the EU.
Margarita Morales
Counsel
Madrid
Paloma MartÃnez
Associate
Madrid
