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EU regulatory register · PRODUCT-LIABILITY

Article 2Scope

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. This Directive shall apply to products placed on the market or put into service after 9 December 2026.

2. This Directive does not apply to free and open-source software that is developed or supplied outside the course of a commercial activity.

3. This Directive does not apply to damage arising from nuclear accidents in so far as liability for such damage is covered by international conventions ratified by Member States.

4. This Directive does not affect:

(a)

the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directives 2002/58/EC and (EU) 2016/680;

(b)

any right which an injured person has under national rules concerning contractual liability or concerning non-contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union law;

(c)

any right which an injured person has under any special liability system that existed in national law on 30 July 1985.

Open the article on EUR-Lex

Judgments of the Court of Justice

1 decisions

  • C-65/20Court of Justice of the European Union

    VI v KRONE – Verlag Gesellschaft mbH & Co KG

    Reference for a preliminary ruling – Consumer protection – Liability for defective products – Directive 85/374/EEC – Article 2 – Concept of ‘defective product’ – Copy of a printed newspaper containing inaccurate health advice – Exclusion from the directive’s scope.

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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