Keywords
hazardous product liability, liability for damage caused by a product, hazardous product, defective product, distributor, importer, seller, medical device, Directive 374/85
Abstract
The article presents the problem of the incompatibility of the manner of the implementation of the term ‘importer’ into Polish law with respect to the issue of liability for a hazardous product with the provisions of Directive 374/85, and the problems which arise as a result with regard to liability of sellers bringing a product into Poland from another EU Member State. The article provides a proposal for the interpretation of the term ‘importer’ under Article 4495 § 2 of the Civil Code, until the necessary legislative change is made that would ensure the compliance of the Polish law with Directive 374/85.
Recommended Citation
Rutkowska, E., & Trabszys, B. (2016). Seller’s liability for a hazardous product brought by him into Poland from another EU Member State – doubts arising from cases relating to medical devices. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(8), 82-92. https://doi.org/10.7172/2299-5749.IKAR.8.5.6
First Page
82
Last Page
92
Page Count
10
DOI
10.7172/2299-5749.IKAR.8.5.6
Publisher
University of Warsaw
