Societe Moteurs - ECJ decides on scope of Product Liability Directive

In a judgement in Case 485/08, Société Moteurs Leroy Somer v. Société Dalkia France, the European Court of Justice was asked by the French Cour de Cassation whether the Product Liability Directive precluded application of national law, or settled case law, which introduced strict liability for damage caused by a defective product to property intended and used for professional purposes. The question arose in a case between Societe Moteurs and Societe Dalkia. The answer was somewhat surprising, especially in the light of the overall ECJ approach to the Directive and its 'maximum harmonisation' nature. The ECJ held that Member States were allowed to maintain strict liability rules for recovery of compensation of damage caused to professional property! Look here for more details about this judgement in our ResourceCentre.

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