We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
17 June 2014
The High Court recently ruled on where harm first arises in connection with product liability claims, as outlined in Article 5(3) of the EU Brussels I Regulation.(1)
Article 5(3) states that:
"a person domiciled in a member state may be sued in another member state – in particular before the court where the harmful event occurred or may occur – in cases of tort or similar actions or if claims arising from such an action are the basis for a proceeding."
In the appeals proceeding, the High Court asked the European Court of Justice (ECJ) for a preliminary ruling on the matter of jurisdiction, pursuant to Article 267 of the Treaty on the Functioning of the European Union.(2)
In its January 16 2014 decision(3) the ECJ stated that the Brussels I Regulation must be interpreted to mean that in cases where a producer is being sued based on liability for a faulty product, the location of the harmful event is where the product in question was produced.
For further information on this topic please contact Klaus Oblin at Oblin Melichar by telephone (+43 1 505 37 05), fax (+43 1 505 37 05 10) or email (email@example.com). The Oblin Melichar website can be accessed at www.oblin.at.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.