CIVIL LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS: POSSIBLE SUBJECTS TO ASSIMILATE TO THE FINAL PRODUCER.

Abstract

The normative concept of producer which conceives Directive 85/374, the core of the system of civil liability for damage caused by defective products introduced in the EU, includes a number of operators involved in the manufacturing process of a product or its commercialization, which are ideally matched to the final producer of a product as producers to make them accountable to the injured by a product defect. However, this decision of the european legislator open space to a series of border situations where it is not clear whether other operators not named by this Directive, given the circumstances, can be considered as producers with the pragmatic purpose of applying this special system responsibility. This paper attempts to analyze several cases it may be considered that this special liability regime extends its scope of application, via analysis and interpretation of the principles underlying Directive 85 /374.