Directive-related claims are settled through direct negotiation in 46% of the cases, whereas 32% are resolved in court and 15% through alternative dispute resolution (ADR) systems. Only a small share (7%) of the claims under the Directive are settled through other means, such as settlements with the insurer of the responsible entity.
Broken down per Member State, 60% or more of the claims are settled:
In court in Estonia, France, Poland, Romania and Finland;
Through alternative dispute resolution mechanisms, such as arbitration, mediation, negotiation, conciliation or other mechanisms provided for by national legislation in Bulgaria, Greece, Lithuania;
Through direct negotiation in Czechia, Croatia, Italy, Hungary, Cyprus, Portugal and Sweden;
The following table shows the development by number of claims per year from the year 2000 to 2016, adjusted per new Member State entries.
Source: Study for the evaluation of Directive 85/374/EEC in 2018, p. 22
Other related legal frameworks
Other legal initiatives demonstrate the EU's strategic, permanent interest in product safety. The responsibilities of economic operators are also notably addressed by the precautionary principle, the General Product Safety Directive, the Product Safety and Market Surveillance Package.
Current research
Product Liability: European Laws and Practice, Prof. Christopher Hodges, Oxford University
Abstract - The enforcement of the Product Liability Directive 85/374 has applied a uniform system of strict liability to producers within the EC (now EU) in addition to the pre-existing fault liability systems. Other countries in Europe have also changed their national laws to bring them into line with the Directive, thereby promoting trade in Europe. "European Product Liability" provides the text of the directive in English, French and German, a detailed commentary on its provisions and gives a clear overview of the major differences in the implementing legislation throughout Europe. There is a chapter on the steps which can be taken to reduce manufacturers' risks and one covering product liability insurance. The book also includes an analysis of the legal provisions affecting product liability in every EC (now EU) Member State and five EFTA countries. The established theories of liability, and new implementing legislation are discussed in each case by a lawyer practising in that country. The contributing editors also give outline guides to the litigation system of their countries, and the implementing legislation is reproduced in English and the national language.
One of the main objectives of the European Commission through this proposal is to allow each and every EU citizen to have compensatory collective redress tools at national level.
Europe is at a cross-roads for product liability rules. Following the proposal on a New Product Liability Directive, EJF and other European organizations urge policymakers, in a joint statement, to consider key issues such as protection against malicious mass-claims and new rules on burden of proof, to ensure a balanced and effective product liability regime that benefits both businesses and consumers. The proposed revision of the PLD, as it stands, would introduce radical changes in the EU legal landscape and it may indeed have unintended consequences for Europe's competitiveness and national justice systems. PLD could signal another move towards a litigation culture in the EU that serves primarily the economic interests of private third-party funders as well as placing an extra burden on already-stretched national court systems and state resources. Let's work together to protect European competitiveness and consumer rights via fair, effective and efficient civil rights systems in the EU.
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