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Country:

Portugal

Court:

Case Decision from the Évora Court of Appeal (Tribunal da Relação de Évora) of the 13th of September 2007 (Case 1139/07-2)

Facts:

A and his wife B, representing their child C, and D and her husband E, who died over the trial, lodged a claim against F and G holding them liable for the damage caused by an accident which occurred when A was driving a car that he bought from G. The plaintiffs stated that the accident was caused by a manufacturing problem that made the wheel spins off the car.

Decision:

While the rules on product liability usually concern manufacturers, the Court held that they also apply to the importers which sold the goods within the EU geographical area. Moreover, the Court decided that in this case there was no proof of any malfunction regarding the car, nor was there an established causation between such malfunction and the car accident.

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