L’interaction entre la réglementation de la sécurité des produits et la responsabilité du fait des produits défectueux dans la réforme de la directive européenne

Liability for defective products and product safety regulation are two complementary market regulation instruments. One compensates for the shortcomings of the other, in ways that vary over time. Since the end of the last century, ex ante regulation has taken precedence over civil liability instruments. This phenomenon is enshrined in the New Legislative Framework adopted in 2008 by the European Commission. However, the progressive proliferation of regulations and the authorities required to ensure their implementation and compliance entails considerable costs for the European Union and its Member States, as well as for businesses (notably for startups and SME), which must adapt to constantly renewed harmonized standards. Attention is therefore focused on product liability rules again, which the legislator seeks to reform precisely to increase their deterrent effect. That said, despite the desire for a systematic reading of private law rules with those relating to product safety, it must be acknowledged that the interaction between the two systems constitutes the part of the reform that raises most doubts.