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EJF Collaborates in the Joint Industry Statement Concerning PLD Proposed Revision

The European industry is deeply concerned about the proposed revision of the PLD. EJF and other European organizations have published an Industry Statement stating that the proposed revision, as it stands, could disrupt the balance between consumer protection and business interests, potentially leading to a culture of litigation in Europe. This imbalance would not only affect companies but also consumers: innovations could become too risky, and rising legal cost exposure might result in a cost spiral making products and services more expensive (social inflation).

The proposed changes to the directive may eliminate existing safeguards and create a litigation-friendly environment, increasing the legal risks and complexity for European businesses, especially smaller companies. The primary beneficiaries of these changes would be lawyers and third-party litigation funders, not consumers.

Moreover, there are questions over the expansion of the Directive to cover digital products, shifting the burden of proof, and its disclosure of evidence provisions, all of which pose significant challenges for businesses. We urge European policymakers to reconsider these measures and strike a balance that modernizes product liability without undermining innovation and legal certainty.

Read the full statement here.

 

The European industry is deeply concerned about the proposed revision of the PLD. EJF and other European organizations have published an Industry Statement stating that the proposed revision, as it stands, could disrupt the balance between consumer protection and business interests, potentially leading to a culture of litigation in Europe. This imbalance would not only affect companies but also consumers: innovations could become too risky, and rising legal cost exposure might result in a cost spiral making products and services more expensive (social inflation).

The proposed changes to the directive may eliminate existing safeguards and create a litigation-friendly environment, increasing the legal risks and complexity for European businesses, especially smaller companies. The primary beneficiaries of these changes would be lawyers and third-party litigation funders, not consumers.

Moreover, there are questions over the expansion of the Directive to cover digital products, shifting the burden of proof, and its disclosure of evidence provisions, all of which pose significant challenges for businesses. We urge European policymakers to reconsider these measures and strike a balance that modernizes product liability without undermining innovation and legal certainty.

Read the full statement here.

 

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Commission Guidance for Implementation of the EU Product Liability Directive

In 2024, the European Union made significant changes to the EU product liability regime by amending the Product Liability Directive (“PLD”), to update it in light of technological and other developments. The EU and EFTA Member States, together with Northern Ireland, are required to transpose the revised PLD by the end of 2026. The law will then enter into application in product liability cases before judges throughout the EU, EFTA and Northern Ireland.

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Press Release: Revised Product Liability Directive risks undermining Single Market coherence, business leaders warn

Roundtable in Brussels warns diverging implementations of the revised Product Liability Directive increase litigation risk and undermine EU competitiveness.

Brussels, 02 April 2026 - Senior business leaders, legal experts and policymakers warned at a Brussels roundtable on 24 March that inconsistent implementations of the revised Product Liability Directive (PLD) will fragment the Single Market, increase litigation risk and weaken Europe’s competitiveness unless the European Commission provides early guidance.

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Third-Party Litigation Funding (TPLF) in France

Pros and Cons of the new French Decree no 2025-1191 of 10 December 2025 on the admission of associations and other bodies to conduct domestic and cross-border group actions and specifying their obligations regarding publication of their fundings.

 

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Opinion on the French Decree Implementing the 2026 Class Action Regime

In accordance with the DDADUE 5 law, France has published Decree No. 2025-1191 to create a clear legal framework for collective claims supported by third party funders. The framework includes processes for authorizing organisations to represent claimants in "actions de groupe" and the law imposes important new governance and transparency norms in the field of collective litigation in France.

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