Important legal notice

62000C0154

European Court reports 2002 Page I-03879

Opinion of the Advocate-General

I - Introduction

(b) damage to, or destruction of, any item of property other than the defective product itself, with a lower threshold of [EUR] 500, provided that the item of property:

(i) is of a type ordinarily intended for private use or consumption, and

(ii) was used by the injured person mainly for his own private use or consumption.

II - Appraisal

- Directive 85/374/EEC seeks to bring about complete harmonisation in respect of strict liability for defective products;

- the national legislature may derogate from the Directive only if and in so far as provisions thereof expressly permit such derogation, regard being had to the conditions and requirements attached thereto in the Directive.

6. The specific arguments which the Greek Government puts forward for the incomplete transposition of Article 9(b) of the Directive are unconvincing.

9. The argument that the abolition of that lower threshold was envisaged in the Green paper - Liability for defective products of 28 July 1999 similarly does not bear scrutiny. Due regard for the powers which the Community legislature enjoys under the EC Treaty requires that the Court refrain from giving judgments which anticipate, or may anticipate, its decision-making.

10. At paragraphs 63 to 69 of the abovementioned Opinion I have already appraised, and held to be unfounded, the Greek Government's contention that the lower threshold is incompatible with Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms.

11. Finally, as regards the argument derived from the ninth recital in the preamble to the Directive, it must be observed that this recital sets out the reasons why a lower threshold is incorporated in Article 9(b). No argument can be found either in this recital or the wording of Article 9(b) itself for not transposing the lower threshold which is prescribed without qualification.

III - Conclusion

12. In the light of the foregoing, I propose that the Court should:

(a) declare that the Hellenic Republic has failed to fulfil its obligations under Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products;

(b) order the Hellenic Republic to pay the costs pursuant to Article 69(2) of the Rules of Procedure.