1. The implementation of Product Liability Directive 85/374/EEC (as it applies today amended by Directive 99/34/EC, herein below "the Directive") by Greece is today article 6 of Law 2251/1994 (herein below "Law 2251" - see above under chapter I.C.2), which provides that "the producer is liable for any damage caused due to a defect of his product". According to Law 2251, producer is considered to be the manufacturer of the final product, raw material or ingredient of a product, as well as any other person that puts his trade name, trade mark or other distinctive mark on the product. Natural forces, especially electricity and heat, are also considered products under certain conditions. The importer of a product for its sale or lease or by any other way distribution is liable as a producer. When the producer is unknown, any one who provides the product is considered liable, unless he informs the consumer on the identity of the actual producer.
2. A product is defective if it is not as safe as reasonably expected, given the circumstances and especially its appearance, its reasonably expected use and the time of circulation. A product cannot be considered defective for the sole reason that a more perfect product was put into circulation. Thus, defectiveness of a product and producer's related liability under the Directive and Law 2251 is distinctive from a product's defect and seller's liability under Greek law on sale of goods (see above under chapter II.A) and it refers to its "safety".
At this point one has to mention the (General) Product Safety Directive 2001/95/EC (replacing the previous one Directive 92/59/EEC) implemented in Greece by virtue of Common Ministerial Decision No Z3/2810 of 14.12.2004 in force from 20 December 2004.
The Greek (General) Product Safety provisions, namely the above Decision and article 7 of Law 2251 (enacted at the time when the previous Directive 92/59/EEC was in force and still being applicable) impose on suppliers the obligation to put into circulation only safe products. A product is considered safe if, while it is used under normal or reasonably expected conditions including but not limited to product's duration, it does not cause any danger or it causes low level dangers related to its use and considered acceptable within a frame of a high level of health and safety protection. The following are especially taken into account: a) the product's characteristics and especially its composition, packaging, conditions of its assembly as well as its maintenance; b) the effect of the product upon other products, in case it may be reasonably foreseen that these products will be used jointly; c) the presentation of the product, the instructions for its use as well as any other instruction that derives from the producer; and d) the categories of consumers that may face severe danger from the use the product, primarily the children.
3. Damage caused by the defective product is also the damage caused by the death or personal injury of a person, apart from the damage or destruction caused by the defective product on any asset of the consumer. In order for the producer to be held liable, the amount of said damage must exceed € 500 (this threshold of the Directive was initially not implemented into Greek law and its introduction followed a judgment of the European Court of Justice against Greece (Case No C-154/00) of 25.4.2002 (as well as against France of same day, Case No C-52/00).
4. The producer is not liable if he proves a) that he did not put the product into circulation, or b) that the defect did not exist at the time of product's circulation, or c) that when he manufactured the product he had no intention whatsoever of putting it into circulation, or d) that the defect was caused by the fact that the product was manufactured according to ius cogens, or e) that when the product was put into circulation, the scientific and technological status did not allow for the defect to be discovered (the "state of the art" defence). The producer of an ingredient of the product is not liable if he proves that the defect was caused by the final product planning or by the instructions given by the manufacturer of the final product.
The producer's liability cannot be limited due to the fact that a third party is also liable, but the same can be limited or even abolished due to contributory negligence of the person suffered the damage. Any agreement providing in advance the limitation or abolition of the producer's liability is null and void. Lastly, limitation under the Directive and Law 2251 is restricted vis-à-vis the general limitation provisions (five to 20 years) since it is set to three years only with a 10-year prescription period (see above under chapter I.G).
