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Kautschuk Gummi Kunststoffe, Vol.48, No.11, 827-833, 1995
EC PRODUCT LIABILITY - ITS BEARING FOR INDUSTRY, INSURANCE POSSIBILITIES
As a base for the legal judgement about the consequences of a faulty product there do exist different legal bases in ail member slates of the European Union. The EEC Directive about product liability from June 25th, 1985 was aimed at the protection of the private user. If persons are injured, this is covered for all kinds of use in industrial as well as in private use. Damages on property and products are covered by the EEC Directive only as far as they are intended to be used privately and where used in this way also. Damages in commercial use are not covered. Scales for the judgement of damages in product liability are defined by unidentified legal concepts to realize these scales; they will be derived from subsidiary tools as generally accepted technical rules and the state of the art. To identify those applicable, widely accepted general technical rules and to know about the content of the appropriate product specific state of the art constitutes new demands on the organizaiton of companies; they have to establish an information system and product observation to fulfil these minimum legal demands. It is important to differentiate between contractoral guarantees and product liability independent of the existence of contracts. It will be explained how far those risks can be covered.