The development risk defence of the EC Product Liability Directive

Article type: Research Article

Authors: Koch, Bernhard A.

Affiliations: University of Innsbruck, Austria | E-mail: b.a.koch@uibk.ac.at

Correspondence: [*] Corresponding author: University of Innsbruck, Austria. E-mail: b.a.koch@uibk.ac.at.

Abstract: The EC Product Liability Directive includes an optional development risk defence whose requirements are not entirely clear under the directive’s wording. The Court of Justice of the EU has so far had no opportunity yet to clarify its meaning. This article gives a brief overview of the various aspects of this defence.

Keywords: Product liability, development risk, state of the art

DOI: 10.3233/PPL-180463

Journal: Pharmaceuticals Policy and Law, vol. 20, no. 1-4, pp. 163-176, 2018