Dealers are not reponsible for faulty CE marked products

In a recent preliminary ruling the European Court of Justice decided that dealers are not required to ensure that an industrial product bearing a CE (European conformity) mark meets European health and safety requirements.

The aim of the CE mark, according to the Court, is to harmonise conformity rules and thus promote free movement of products. Holding dealers liable for defective products would impede that objective. However, if products are imported into a European Member State from a non-EU country the importer is considered a ‘manufacturer’ and thus must assume certain manufacturer liabilities.

This ECJ ruling constitutes an important support for dealers who are not ‘authorised representatives’ according to the Medical Devices Directive (93/42/EEC). The ruling does not affect the manufacturers of medical devices.

(Ref: C-40/04. Preliminary ruling. 8 September 2005)

01.07.2006

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