Pending the adoption of the draft directive on extra-contractual liability applicable to artificial intelligence (AI) systems, the Council of the European Union definitively adopted on October 10, 2024 a new directive on liability for defective products, which will replace Directive 85/374/EEC of 1985.
By Anne-Laure Villedieu, associate lawyer, and Maxime Hanriot, counsel lawyer, CMS Francis Lefebvre
The main objective of the 1985 directive was to harmonize the laws of the Member States concerning the liability of producers for damage caused by defective products. With the rapid evolution of technologies and the emergence of new types of products, it has become necessary to modify and adapt these rules. According to the Commission, the characteristics of AI systems made it difficult for those who had suffered harm to establish proof and obtain compensation under current EU and Member State legislation4. The new directive aims to take these issues into consideration and facilitate consumers’ compensation claims.
Extension of product definition
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