2024/2853 Sayılı Yeni Avrupa Birliği Ürün Sorumluluk Direktifinin Ürün Sorumluluk Sigortasına Olası Etkileri Üzerine Düşünceler

ABSTRACT

The Product Liability Directive 85/374/EEC, which introduced a strict liability regime for product liability and which has been applied to liability arising from defective products in the European Union for nearly forty years with very few changes, is now being shelved. On 28 September 2022, the Commission published the Directive Proposal on Liability for Defective Products 2022/0302. Following feedback from the doctrine and stakeholders, the proposal was amended and entered into force on 8 December 2024. The new Directive is pioneering in many respects. It harmonises the concept of product with today’s technology, expands the list of responsible parties accordingly, and attempts to transform the Directive from a mechanism that serves only consumers. Furthermore, it aims to be more inclusive, as evidenced by changes such as ease of proof and longer statute of limitations for those injured by defective products. These changes will inevitably have an impact on prod