The operator of an electricity distribution network who alters the level of current and voltage of the electricity distributed to the final consumer must be regarded as a producer of that electricity and therefore liable for damage caused by a product defect, the Court of Justice of the European Union (CJEU) ruled on Thursday 24 November (Case C-691/21).
In France, the company Cafpi and its insurer Aviva are seeking compensation from the company Enedis, the manager of the electricity distribution network, due to malfunctions of electrical appliances, which an expert assessment has attributed to a power surge caused by an inadequate circuit power and which can be assimilated to a “defect in the safety”.
The Court of Justice, hearing a case brought by the French Cour de cassation (Court of Cassation, France), interpreted the concept of ‘producer’ of electricity within the meaning of Directive 1999/34 amending Directive 85/374/EEC on liability for defective products.
In its judgment, the CJEU found in favour of the plaintiffs. It recognises that, in the case of liability for damage caused by a defective product, EU law provides in principle for the producer to bear the burden, with the supplier normally confined to reselling the product as purchased. However, EU consumer protection legislation requires that all participants in the production process are liable if the finished product or the component part or raw material supplied by them is defective.
In this case, without the intervention of Enedis, no use of high voltage electricity would be possible for the consumer. This operator therefore participates in the electricity production process by modifying the voltage and can be held liable in the event of a defective product, according to the European judge.
See the Court’s judgment: https://aeur.eu/f/49t (Original version in French by Mathieu Bion)