Council of the European Union and European Parliament 23 October 2024, 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 (Text with EEA relevance)

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Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 establishes a fully harmonised, no-fault liability regime for defective products across the EU, repealing and replacing Council Directive 85/374/EEC with effect from 9 December 2026, and extending its scope to software (including AI systems), digital manufacturing files, related digital services, and substantially modified products. Key provisions introduce mandatory disclosure of evidence obligations, rebuttable presumptions of defectiveness and causation to alleviate claimants' evidential burden, joint and several liability of multiple economic operators (including importers, authorised representatives, fulfilment service providers, and online platforms), and a standard limitation period of three years with an expiry period of ten years (extendable to twenty-five years for latent personal injuries). Member States are prohibited from maintaining or introducing divergent national provisions within the Directive's scope, though limited derogations from the development risk defence are permitted for specific product categories subject to notification and proportionality requirements.AI