CONSUMER LAW | The ECJ on the definition of “producer” in product liability claims

On 19 December 2024, the EU Court of Justice (ECJ) issued its judgment in case C-157/23 (Ford Italia), providing its interpretation on the definition of “producer” under Article 3(1) of Directive EEC 85/374 of 25 July 1985 concerning liability for defective products (the Directive). The case arose from a compensation claim relating to a defect in a Ford vehicle manufactured by Ford WAG, a company based in Germany, and then supplied to an Italian dealership through Ford Italia, to be offered for sale on the Italian market. Before the Italian Court, the dealer Ford Italia argued that liability for the defect should rest with the German company Ford WAG as “producer” of the vehicle, asserting that Ford Italia acted solely as supplier. Responding to the request for a preliminary ruling, the ECJ clarified that the “person who… presents him[-or her]self as … producer” under the Directive does not exclusively refer to the entity that physically puts its name, trademark or other distinguishing features on the product. Indeed, the definition of “producer” shall also include the supplier of the product, if its name corresponds to the name of the manufacturer and to the name, trademark or other distinguishing features put on the product by the producer. With this interpretation, the ECJ ensured that the scope of the notion of “producer” is not narrowed to the mere manufacturer, thus safeguarding the Directive’s primary objective to ensure consumer protection. The ECJ further clarified that consumers have the right to seek full compensation for damages from any party deemed responsible, as their liability is joint and several.

Newsletter n. 103 – January 2025