Judgment — ECLI:EU:C:2009:351
Date: 2009-06-04
Language of the case: French
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Concepts: Liability for defective products
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment Approximation of laws – Liability for defective products – Directive 85/374 (Council Directive 85/374, Arts 9 and 13) Directive 85/374 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products must be interpreted to mean that it does not preclude the interpretation of domestic law or the application of settled domestic case-law according to which an injured person can seek compensation for damage to an item of property intended for professional use and employed for that purpose, where the injured person simply proves the damage, the defect in the product and the causal link between that defect and the damage. Compensation for damage to an item of property intended for professional use and employed for that use is not covered by the scope of application of Directive 85/374. As the harmonisation brought about by that directive does not cover compensation for damage to an item of property intended for professional use and employed for that purpose, that directive does not prevent a Member State from providing in that respect for a system of liability corresponding to that established by that directive. (see paras 28, 31-32, operative part)