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Product Liability Directive Conference

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The New Product Liability Directive: Doctrinal, Comparative and Interdisciplinary Approaches

The adoption of a new directive on liability for defective products will be a watershed moment in European Private Law. The previous regime applied for almost 40 years, and was the first harmonization attempt by the European Union in the field of substantive private law. A new and improved regime is worth studying as it aims to bring the Product Liability Directive up to speed with the digital age, a circular economy, and global value chains. This two-day conference will make a significant contribution to shaping the academic debate on what will soon become the new Product Liability Directive. 

In September 2022, the European Commission published a proposal for a new directive on liability for defective products, with the intent of revising and replacing the existing Product Liability Directive, adopted in 1985. On 14 December 2023, the Parliament and the Council announced that they have reached a political agreement on the new rules. 

The existing proposal importantly expands the definition of “product”, adds to the list of liable parties, and it alleviates the burden of proof for victims under certain circumstances. Next to important innovations, some things also remain (seemingly) the same as under the 1985 directive. Notably, the standard for defectiveness is unchanged.

The new and improved regime is worth studying from a variety of perspectives, and a core group from Maastricht University, joined by a select number of academics from other universities, can make a significant contribution to shaping the academic debate on what will soon become the new Product Liability Directive. During a two-day conference, this PLD-group will cover all of the essential doctrinal questions raised by the new product liability directive: liable parties, defectiveness, causation, damage and compensation, defences, temporal scope and time limits. Moreover, the PLD-group will open the field to comparative approaches, in particular with the United Kingdom and the United States, as well as to sectorial approaches, i.e. the circular economy, AI-powered medical devices, and more general theoretical and normative approaches. 

Programme Day 1 - 17 October

09.00 - 09.30 hrsRegistration
09.30 - 09.35 hrsWords of Welcome - Marta Pertegás Sender
09.35 - 10.00 hrsIntroduction - Caroline Cauffman
Session 1The Building Blocks of the New Product Liability Directive, Part 1
Chair: Daniel On 
10.00 - 10.20 hrsThe Product Liability Directive: Another Brick in the Wall - Gijs van Dijck, Mindy Duffourc and Maria Breskaya
10.20 - 10.40 hrsThe Economic Operators' Liability under the Revised Product  Liability Directive - Valerio D'Alessandro
10.40 - 11.20 hrsPanel Discussion on the Personal Scope of the Product Liability Directive - Gitta Veldt, Paul Verbruggen and Anna Beckers
10.20 - 11.30 hrsGeneral Discussion
11.30 - 11.40 hrsCoffee break

Session 2

The Building Blocks of the New Product Liability Directive, Part 2
Chair: Agustin Parise
11.40 - 12.00 hrsTemporal scope and time limits - Pim Oosterhuis
12.00 - 12.20 hrsDamage and Compensation - Lotte Meurkens and Marielène Wertenbroek
12.20 - 12.40 hrsGeneral Discussion
12.40 - 13.40 hrsLunch

Session 3

The Building Blocks of the New Product Liability Directive, Part 3
Chair: Caroline Cauffman
13.40 - 14.00 hrsDefectiveness - Piotr Machnikowski
14.00 - 14.20 hrsCausation in the Context of the PLD amendment: Tort Law facing complexity - Francesco Zappatore
14.20 - 14.40 hrsDefences - Shu Li
14.40 - 15.00 hrsGeneral Discussion
15.00 - 15.20 hrsCoffee break

Session 4

Comparisons with the UK and the US
Chair: Shu Li 
15.20 - 15.40 hrs

Comparison with product liability law in the US - David Owen and Karen Miller

15.40 - 16.00 hrsComparison with product liability law in the UK - Duncan Fairgrieve
16.00 - 16.20 hrsGeneral Discussion

Programme Day 2 - 18 October

09.30 - 10.00 hrsWelcome and coffee
Session 5Normative Perspectives on the Product Liability Directive – Part 1
Chair: Pim Oosterhuis
10.00 - 10.20 hrsA new product liability directive for a sustainable and circular economy - Caroline Cauffman
10.20 - 10.40 hrsA Law and Economics Analysis of the New Product Liability Directive - Shu Li and Michael Faure
10.40 - 11.00 hrsRisk Society and the New Product Liability Directive: Navigating the Challenges of Modern Regulation - Fabio Addis
11.00 - 11.20 hrsGeneral Discussion
11.20 - 11.40 hrsCoffee break
Session 6Normative Perspectives on the Product Liability Directive – Part 2
Chair: Pim Oosterhuis
11.40 - 12.00 hrsThe Global Context of the Product Liability Directive:  Global Value Chains - Anna Beckers & Rebecca Ravalli
12.00 - 12.20 hrsThe Distributive Justice Aims of the Product Liability Directive: EU and Global Perspectives - Daniel On
12.20 - 12.40 hrsGeneral Discussion
12.40 - 14.00 hrsLunch
Session 7

AI Liability and the Product Liability Directive – Part 1
Chair: Gijs van Dijck

14.00 - 14.20 hrs

A computer science perspective on AI liability - Jerry Spanakis

14.20 - 14.40 hrsAI-Driven Medical Devices and Defectiveness under the Proposed Product Liability Directive - Mindy Duffourc
14.40 - 15.00 hrsAI-powered medical devices and the development risk defense under the revised product liability directive - Andrea Parziale
15.00 - 15.20 hrsGeneral Discussion
15.20 - 15.40 hrsCoffee break
Session 8

AI Liability and the Product Liability Directive – Part 2
Chair: Jerry Spanakis

15.40 - 16.40 hrsPanel Discussion on AI Liability - Deimante Rimkute, Francesco Astone and Donato Maria Matera  
16.40 - 17.00 hrsGeneral Discussion
17.00 - 17.20 hrsConcluding remarks - Caroline Cauffman, Pim Oosterhuis and Daniel On 

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