Skov & Ors (Approximation of laws) [2006] EUECJ C-402/03 (10 January 2006)

Skov & Ors (Approximation of laws) [2006] EUECJ C-402/03 (10 January 2006)

Directive 85/374/EEC precludes national rules making suppliers answerable, beyond the cases listed in Article 3(3), for the producer's no-fault liability under the Directive, but does not preclude national rules making suppliers answerable for the producer's fault-based liability.

Citation
[2006] EUECJ C-402/03
Parties
Injured Person: Ms Mikkelsen; Injured Person: Mr Due Nielsen; Supplier/defendant: Bilka Lavprisvarehus A/S; Producer/defendant: Skov Æg
Jurisdiction
European Union
Judgment Date
10 January 2006
Procedural Posture
Reference for a Preliminary Ruling / Grand Chamber Judgment of the Court of Justice of the European Union
Outcome
Reference answered; Directive interpreted as precluding national rule extending no-fault liability to suppliers beyond Article 3(3), but not precluding national rule extending fault-based liability to suppliers.
Legal Topics
Interpretation of Directive 85/374/eec, Liability for Defective Products, Supplier Liability, Producer Liability, Harmonisation of Laws
European Union Law Product Liability Interpretation of Directive 85/374/eec Liability for Defective Products Supplier Liability Producer Liability Harmonisation of Laws

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Parties

Ms Mikkelsen

Injured Person

Mr Due Nielsen

Injured Person

Bilka Lavprisvarehus A/S

Supplier/defendant

Skov Æg

Producer/defendant

Procedural Posture

Reference for a Preliminary Ruling / Grand Chamber Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Does Directive 85/374/EEC preclude national rules making suppliers answerable for producer's no-fault liability?
  2. 2 Does the Directive preclude national rules making suppliers answerable for producer's fault-based liability?
  3. 3 Extent of harmonisation under Directive 85/374/EEC

Ratio Decidendi

Directive 85/374/EEC precludes national rules making suppliers answerable, beyond the cases listed in Article 3(3), for the producer's no-fault liability under the Directive, but does not preclude national rules making suppliers answerable for the producer's fault-based liability.

Court Disposition

Reference answered; Directive interpreted as precluding national rule extending no-fault liability to suppliers beyond Article 3(3), but not precluding national rule extending fault-based liability to suppliers.

Orders

  • Directive 85/374/EEC precludes a national rule under which the supplier is answerable, beyond Article 3(3), for the no-fault liability imposed on the producer.
  • Directive 85/374/EEC does not preclude a national rule under which the supplier is answerable without restriction for the producer's fault-based liability.