Trade mark proprietor as producer liable for brand products pursuant to the Product Liability Directive. That Article 3(1) of Directive 85/374 must be interpreted as meaning that the concept of ‘producer’, referred to in that provision, does not require that the person who has put his name, trade mark or other distinguishing feature on the product, or who has authorised those particulars to be put on the product, also present himself as the producer of that product in some other way.Liability for defective products and the concept of 'producer': Any person who presents himself as the producer by affixing his name, trade mark or other distinguishing mark to the product, or has authorized such affixing. No further requirements for producer presentation needed.
Case C-264/21. The question is whether, in addition to the affixing of the mark, other criteria must be met in order for the proprietor of the mark to be identified as presenting himself as the producer of the product. If such additional criteria must be met, their content and assessment must also be interpreted. The Court has not yet issued any judgment clarifying the personal scope of product liability based on the use of the trade mark.
Questions referred:
‘(1) Does the concept of producer within the meaning of Article 3(1) of [Directive 85/374] presuppose that a person who puts his name, trade mark or other distinguishing feature on the product, or who has allowed them to be put on the product, also presents himself as the producer of the product in some other manner?
(2) If the answer to the first question is in the affirmative: based on what considerations is his presentation as a producer of the product to be evaluated? Is it relevant to that evaluation that the product was manufactured by a subsidiary of the trade mark proprietor and distributed by another subsidiary?’
Consideration of CJEU:
In the light of the foregoing considerations, the answer to the first question is that Article 3(1) of Directive 85/374 must be interpreted as meaning that the concept of ‘producer’, referred to in that provision, does not require that the person who has put his name, trade mark or other distinguishing feature on the product, or who has authorised those particulars to be put on the product, also present himself as the producer of that product in some other way.
IPPT20220707, CJEU, Fennia v Philips
ECLI:EU:C:2022:536, case C-264/21
