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EU regulatory register · PRODUCT-LIABILITY

Article 12Liability of multiple economic operators

CELEX 32024L2853 · Read on 2026-08-22

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

1. Without prejudice to national law concerning rights of contribution or recourse, Member States shall ensure that where two or more economic operators are liable for the same damage pursuant to this Directive, they can be held liable jointly and severally.

2. A manufacturer that integrates software as a component in a product shall not have a right of recourse against the manufacturer of a defective software component that causes damage where:

(a)

the manufacturer of the defective software component was, at the time of the placing on the market of that software component, a microenterprise or a small enterprise, meaning an enterprise that, when assessed together with all of its partner enterprises as defined in Article 3(2) of the Annex to Commission Recommendation 2003/361/EC (21) and linked enterprises as defined in Article 3(3) of that Annex, if any, is a microenterprise as defined in Article 2(3) of that Annex or a small enterprise as defined in Article 2(2) of that Annex; and

(b)

the manufacturer that integrated the defective software component in the product contractually agreed with the manufacturer of the defective software component to waive that right.

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The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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