Source: European Parliament
In July 2024, the Commission opened an infringement procedure[1] against Ireland for not carrying out market surveillance as required by the Construction Products Regulation (EU) 305/2011[2]. The Commission is assessing Ireland’s reply to the letter of formal notice.
The Product Liability Directive 85/374/EEC[3] lays down rules on producers’ liability for damages caused by defective products. Victims can claim compensation for damage to, or destruction of, their property. The directive also covers construction materials used in buildings.
To obtain compensation, victims must prove defectiveness of the product and the consequent damage caused, without having to prove fault or negligence from the producer.
Compensation for the defective product itself is excluded from the directive. The directive specifies that the damage caused by the product must be compensated in full. Where a producer is established outside the EU or cannot be identified, importers or suppliers can be held liable on its behalf.
Consumers who bought defective construction materials from professional sellers also have rights under the Sale of Goods Directive[4], including the right to rescind the sales contract.
Sellers are liable for the lack of conformity that becomes apparent during a period of two years from delivery. Member States can provide for longer liability periods in national law[5].
Member States have a primary responsibility to monitor and enforce the application of the relevant legal provisions. The Commission will continue to monitor the situation and may decide to take appropriate action.
National market surveillance authorities are responsible for checking manufacturers’ compliance with their obligations under Regulation (EU) 305/2011.
- [1] INFR(2024)4003: https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/?langCode=EN&version=v1&typeOfSearch=byDecision&page=1&size=10&order=desc&sortColumns=decisionDate&refId=INFR(2024)4003&activeCase=true
- [2] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02011R0305-20241117
- [3] Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC.
- [4] Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods. The directive applies to sales contracts concluded from 1 June 2022 and similar rules applied under Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees. to contracts conclude before that date.
- [5] For example, in Ireland national law goes beyond the minimum requirements of the directive and provides a general six-year limitation period for contract claims.