CELEX: 62005CJ0327
Failure of a Member State to fulfil obligations
Directive 85/374/EEC
Liability for defective products
Liability of the supplier for a defective product

Failure of a Member State to fulfil obligations – Incorrect transposition of Council Directive 85/374/EEC of 25 July 1985
on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for
defective products (OJ 1985 L 210, p. 29) – National legislation under which the distributor of a defective product may incur
liability in the same way as the manufacturer.
Operative part:

By adopting and maintaining in force provisions which make intermediaries in the distribution chain liable under the same
conditions as a manufacturer, contrary to Article 3(3) of Council Directive 85/374/EEC of 25 July 1985 on the approximation
of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, the
Kingdom of Denmark has failed to fulfil its obligations under that directive.

The Kingdom of Denmark is ordered to pay the costs.