Product Liability Directive · Article 6
When is a product defective under the Product Liability Directive?
Article 6 sets the circumstances to weigh when deciding whether a product — software included — is defective.
Below is the provision itself, word for word, from the current consolidated version (consolidated 2024-11-18). Check it on EUR-Lex ↗
Product Liability Directive, Article 6(1) — Damage
The right to compensation pursuant to Article 5 shall apply in respect of only the following types of damage: (a) death or personal injury, including medically recognised damage to psychological health; (b) damage to, or destruction of, any property, except: (i)the defective product itself; (ii)a product damaged by a defective component that is integrated into, or inter-connected with, that product by the manufacturer of that product or within that manufacturer’s control; (iii)property used exclusively for professional purposes; (c) destruction or corruption of data that are not used for professional purposes.
Product Liability Directive, Article 6(2) — Damage
The right to compensation pursuant to Article 5 shall cover all material losses resulting from the damage referred to in paragraph 1 of this Article. The right to compensation shall also cover non-material losses resulting from the damage referred to in paragraph 1 of this Article, in so far as they can be compensated for under national law.
Product Liability Directive, Article 6(3) — Damage
This Article does not affect national law relating to compensation for damage under other liability regimes.
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Full article: Product Liability Directive, Article 6 · All of Product Liability Directive
Related questions
- Is software covered by the new Product Liability Directive?
- Who is liable for a defective product in the EU?
- When is an economic operator not liable under the Product Liability Directive?
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