Relevance of the European Union Law Product Liability Law and Product Safety Law Put to Test

Product safety and product liability in Europe are the two sides of the same coin. The German Federal Court (BGH) has submitted to the European Court of Justice (EuGH) the question: Is a product defective under the regime of the Directive 85/374/EWG if the defectiveness have the specific product has not been evaluated, however, the products is part of a product batch with a significant quota of failures. The decision of the EuGH under prevailing European legislation might have an important influence on the German product liability laws.