Court:

Athens Court of Appeals, Decision No 28/2004

Topics:

Liability of the producer of defective products.

Compensation to the consumer for moral harm.

Liability of the representative of the producer

Articles:

Article 6, Law 2251/1994. Article 914, Civil Code.

Facts:

On 9 December 1997 the claimant bought a car in Athens from the defendant for the amount of Drachmas 4.753.000 (ˆ 13.948, 64). On 5 May 1998, and while the claimant was driving on the National Road, the car slipped and crashed. The claimant alleged that the car was defective at the time of purchase, and more specifically it had a defect in the brake system leading to the non-function of the ABS system; also the driver's airbag did not operate properly.

Legal Questions:

Can the representative of the producer be held liable for the defects of the product? Can the consumer claim compensation due to moral damage in the case of defective products?

Decision:

The court held that the representative of the producer cannot be held liable for the defects of the product. On the contrary, the importer is liable for the defects of the products he is importing.

The consumer can claim compensation due to moral damage in the case of defective products, but in order to do so he must prove: (a) the damage he suffered due to the defectiveness and (b) the illegal actions of the producer that led to the defect of the product.

Comments:

In Greece, product liability issues are basically regulated by Law 2251/1994, as in force today. According to said law, the importer of products into the EU is liable at the same extent as the producer of the product, while when the producer is unknown, anyone who provides the product is considered liable, unless he informs the consumer on the identity of the producer. Said importer's liability does not apply in the case of the representative of the producer because the Greek legislation does not accept that tort can be committed by representation.

Same law provides that compensation for moral harm arising from defective products is regulated by the general provisions for tortuous liability. According to the general principle of tortuous liability, a person who has "unlawfully and culpably" caused damage to another "shall be liable for compensation. The elements therefore of tortuous liability are: (a) an unlawful act or omission; (b) which has been negligently committed; (c) which has caused damage to another; and (d) an adequate causal link between such act or omission and the damage caused thereby. Therefore, such producer's liability cannot be based solely on his capacity as producer under that law at issue but all aforementioned elements must be proven under the general law.

Original text:

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