Brussels, 05/06/2009 (Agence Europe) - The European Court of Justice ruled on Thursday 4 June that a French law allowing legal liability of manufacturers of defective products used for professional purposes is compatible with EU law. French legislation goes further than EU Council Directive 85/373/EEC that makes manufacturers liable for products used for private purposes. The Court of Justice found that extending the scope of consumer protection is allowed by EU law as long as the victim provides the required proof of damage, of the defective nature of the product and the fact that the defective product caused the damages or injury (Case C-275/08).
This Court of Justice rulings answered preliminary questions raised by the French appeals court, to which manufacturer Moteurs Leroy Somer had appealed against a ruling in which it was found guilty after a fire at a hospital in Lyons, France, caused by a defective lift engine manufactured by the company. The Court of Justice rejected the manufacturer's argument that EU Directive 85/374/EEC exempted it from liability since its products were used in a professional context. The case has now been sent back to the French legal system which is unlikely to agree with Somer in the light of the details provided by the European Court of Justice. (C.D./transl.fl)