Dr Nicholas Bevan

Dr Nicholas Bevan
www.nicholasbevan.com

Monday, 17 February 2014

PRODUCT LIABILITY AND ROME II

Kainz v Pantherwerke AG 2014 C-45/13

The facts: An Austrian man bought a German manufactured bicycle in Austria but was injured whilst riding it in Germany due to a defect in its manufacture.  Which country had jurisdiction in the product liability claim?

The decision: Germany.  Brussels I applied.  The place of the event giving rise to the damage is the place where the product in question was manufactured.  This Regulation is not designed to offer the weaker party stronger protection[1]




[1] See Folien Fischer and Fofitec [2012] Case C-133/11 ECR I-0000, paragraph 46

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