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Case C-157/23, Ford Italia: Judgment of the Court (Fifth Chamber) of 19 December 2024 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – Ford Italia SpA v ZP, Stracciari SpA (Reference for a preliminary ruling – Approximation of laws – Liability for defective products – Directive 85/374/EEC – Article 3(1) – Concept of producer – Concept of a person who … presents him[- or her]self as … [a] producer – Conditions – Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer)
ECLI:EU:UNKNOWN:62023CA0157
62023CA0157
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Official Journal of the European Union
C series
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C/2025/1062
(Case C-157/23, (1) Ford Italia)
(Reference for a preliminary ruling - Approximation of laws - Liability for defective products - Directive 85/374/EEC - Article 3(1) - Concept of ‘producer’ - Concept of a ‘person who … presents him[- or her]self as … [a] producer’ - Conditions - Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer)
(C/2025/1062)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Ford Italia SpA
Respondents: ZP, Stracciari SpA
Operative part of the judgment
Article 3(1) of 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
must be interpreted as meaning that the supplier of a defective product must be considered to be a ‘person who … presents him[- or her]self as … [a] producer’ of that product, within the meaning of that provision, where that supplier has not physically put his or her name, trade mark or other distinguishing feature on the product, but the trade mark which the producer has put on that product is the same, on the one hand, as the name of the supplier or a distinctive element thereof, and, on the other hand, as the name of the producer.
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ELI: http://data.europa.eu/eli/C/2025/1062/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Italian.
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