R. Alexander Frais
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Business/Industrial EU Law

Product Liability Insurance


Industrial / Business Liability
(additional coverage section)

basic cover:

settlement resp. defence of third party claims for personal injury or damage to property resulting from defective products



key words:

claims series clause

EU Law:

Council Directive of 25 July 1985 / 85/374/EEC
(Product Liability Directive) 

European Court of Justice, Judgement of 5 March 2015 (C?503/13 and C?504/13)
"Boston Scientific Ruling"
Interpretation of Article 6(1) of the Directive 85/374/EEC ("the risk of failure" equivalent to "defective" product)

Procedural law:

Regulation (EC) No 44/2001 Jurisdiction, recognition and enforcement of judgments in civil and commercial matters (Brussels I)

European Court of Justice, Judgement of 16 January 2014 (C-45/13)
Interpretation of Article 5(3) of the Regulation No 44/2001 ("the place of the event") determining the jurisdiction of courts coping with claims of liability for a defective product

source: Jürgen Acker