White, Fidelma --- "Directive 85/374/EEC concerning liability for defective products: in the name of harmonisation, the internal market and consumer protection" [2017] ELECD 1325; in Giliker, Paula (ed), "Research Handbook on EU Tort Law" (Edward Elgar Publishing, 2017) 128

Book Title: Research Handbook on EU Tort Law

Editor(s): Giliker, Paula

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785365713

Section: Chapter 5

Section Title: Directive 85/374/EEC concerning liability for defective products: in the name of harmonisation, the internal market and consumer protection

Author(s): White, Fidelma

Number of pages: 26

Abstract/Description:

Directive 85/374/EEC on liability for defective products has all the appearances of a consumer protection measure, however, a closer examination of the Directive and related case law from the Court of Justice shows that it is first and foremost an internal market measure based on maximum harmonisation. This chapter focusses on the harmonising nature of Directive 85/374/ECC and critically reviews the impact of maximum harmonisation on the consumer protection agenda. It also explores the respective competences of the European Union and member states and the room for manoeuvre left to member states. The chapter identifies the EuropeanCommission as the key player in any future development of Directive 85/374/EEC.