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Europe Daily Bulletin No. 9151
Contents Publication in full By article 32 / 38
GENERAL NEWS / (eu) eu/court of justice

France must conform with first Court ruling on “strict product liability” regulation under penalty of 31,650 euro fine

Luxemburg, 14/03/2006 (Agence Europe) - The European Court of Justice has imposed a fine of 31,650 euro for each day's delay in coming into line with its ruling of 25 April 2002. Four years ago the Court asked France to apply correctly EC directive of 25 July 1985 on strict product liability.

In its second ruling, the Court of Justice found against France, because France is continuing to consider the supplier of defective goods as being responsible, in the same way as the manufacturer in the following circumstances: when the manufacturer cannot be identified and when the supplier has, within a reasonable timespan, indicated to the victim who supplied the product to him/her. France will be required to pay a daily fine of 31,650 euro until it amends the Civil Law provisions which allow the supplier to be held responsible.

France amended its Civil Law through the law of 9 December 2004. It took account of the points raised by the Court in its first ruling. The Commission considered these amendments to be useful, but incomplete, and asked the Court to find against France, this time with a fine for good measure.

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