Opinion of the Advocate General — ECLI:EU:C:2005:349
Date: 2005-06-02
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 1. Approximation of laws – Liability for defective products – Directive 85/374 (Council Directive 85/374, Art. 11) 2. Approximation of laws – Liability for defective products – Directive 85/374 (Council Directive 85/374, Arts 1 and 3) 1. Article 11 of Directive 85/374 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, which establishes that the rights conferred on the injured person are extinguished upon the expiry of a period of 10 years from the date on which the product was put into circulation, is to be interpreted as meaning that a product is put into circulation when it is taken out of the manufacturing process operated by the producer and enters a marketing process in the form in which it is offered to the public in order to be used or consumed. It is irrelevant whether the product is sold directly by the producer to the user or to the consumer or that sale is carried out by one or more of the links in the distribution chain. When one of the links in the distribution chain is closely connected to the producer, the consequence of that link is that that entity may be regarded as being involved in the manufacturing process of the product concerned. (see paras 27-29, 32, operative part 1) 2. When an action is brought under Directive 85/374 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products against a company mistakenly considered to be the producer of a product whereas, in reality, it was manufactured by another company, it is as a rule for national law to determine the conditions in accordance with which one party may be substituted for another in the context of such an action. A national court examining the conditions governing such a substitution must, however, ensure that due regard is had to the personal scope of the Directive, as determined by Articles 1 and 3 thereof, in so far as the determination in those provisions of the class of persons liable must be regarded as exhaustive. (see paras 35, 39, operative part 2)