Book Review: Produktehaftpflicht im Europäischen Umfeld
| Author | J.G.J. Rinkes |
| Published date | 01 March 1995 |
| Date | 01 March 1995 |
| DOI | http://doi.org/10.1177/1023263X9500200108 |
| Subject Matter | Book Review |
Book Reviews
R.H. Weber, D. Thiirer, R. Zach (eds), Produktehaftpflichtim europiiischen
Umfeld, Schulthess, 1994, 215 pages, paperback, 55 SFr.
From the perspective of a European ius commune the EC Directive on product liability
seems to have been quite successful. Although France was somewhat negligent, and
several other countries exceeded the prescribed deadline (1988), implementation
of
the
directive in the Member-States' legislation encountered few difficulties. All newcomers
to the European Union have enacted legislation which is similar to the directive (e.g.
Sweden, Austria). Moreover, several other European countries have adopted the subject
matter of the directive for a variety of reasons (trade policy, competition aspects).
Switzerland 'imported' the European perspective on non-contractual liability for defec-
tive products in 1993 (Bundesgesetz uber die Produktehaftpflicht, Produk-
tehaftpflichtgesetz (PrHG) 18th June 1993, enforced on January 1st, 1994). The Swiss
PrHG is very similarto the European directive, and is in accordance with developments
in Swiss case law towards strict liability in specific areas of tort law.
This 'new environment' (dieses neue Umfeld) obviously increases the risks for suppliers
(and to some extent - suppliers of services) in Switzerland. The Europa Institut Zurich
and the German-Swiss Chamber of Commerce (Handelskammer) joined forces to
consider this new situation at a conference in Zurich (27 and 28 May, 1994). The
findings of this conference are now available in this book, combining the practical and
legal approach to (Swiss) product liability law. The book consists of six chapters based
on the conference papers (by Weber, Fellmann, Mater, Schnyder, Honsell and a second
contribution by Schnyder) and an additional chapter by Buhler-Reihmann, The PrHG
and the directive are enclosed in appendices.
Weber discusses (tendencies in) the legal developments regarding strict liability for
products and services, including the - recently abolished - project for an EC Directive
on liability for services. In the context of classical, and more recent foundations of non-
contractual liability (compensation, deterrant, law &economics approach) Weber
concludes that further (structural) harmonization between contractual and non-contrac-
MJ 2(1995) 97
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