In December 1990 the Commission proposed a Council Directive on the liability of suppliers of services. The objective was to provide better protection in the EU for the consumers suffering damage from defective services consisting of injuries to the physical integrity of the persons or damages to property. The main feature of the Commission proposal was the introduction of a uniform system of liability for service providers based on reversal of the burden of proof to the advantage of the person suffering the damage.

Since it proved impossible to gain sufficient support for this Proposal in the Council and the European Parliament, the Commission decided on 24.06.1994 to withdraw it. Text of the withdrawn proposal and related documents: [COM (90) 482 final - SYN308 - Official Journal C 012 of 18.01.1991, p. 8].

The Commission considered that it was necessary to review the approach on the issue in light of the discussions on the proposal. The review should involve, among other things, a careful examination of the functioning of liability systems already in place in the Member States, and to differentiate between different service sectors.

Based on this, a comparative analysis of national liability systems for remedying damage caused by defective consumer services was finalised in April 2004. The analysis was prepared by the Institut für Europaïsches Wirtschafts- und Verbraucherrecht e.V. from Berlin (VIEW). It compares the relevant legal codes and case law rulings for service liability in France, Germany, Italy, Spain, Sweden, the United Kingdom and the United States. The analysis examines the functioning of the existing civil liability systems regarding damage caused to consumers. It contains a general description and comparison of national liability systems applicable, including existing national legislation which implements international conventions in the area as well as the relevant and significant jurisprudence and other relevant and significant practices for settlement of consumer claims and complaints (out of court dispute resolution etc).

Furthermore it contains a more specific part covering only certain consumer services: leisure services (sports, entertainment, playgrounds etc), services of general interest (gas, electricity), services related to tourism (excluding transport) and health services. This includes an in-depth comparison and analysis of the functioning of the liability systems applying to the specific services, in particular with regard to the assessment of alleged negligence/fault, causation, burden of proof and calculation of compensation, including financial limits and non-pecuniary loss. The benefits and weaknesses of the systems for different stakeholders, hereunder the effectiveness of the systems in ensuring adequate compensation is assessed.

The full report consists of 4 parts:

Part A: General part, Part B: Survey of national systems and part C: Survey of service sectors, are all merged in a large document (500 pages) containing the detailed analysis by country and by service sector.

Part D, the comparative part, is separated in a smaller document (70 pages) containing a short summary with the main findings of the analysis, the detailed comparison and a table overview of the findings. The report was prepared with financial assistance from the Commission of the European Communities. The views expressed herein are those of the Consultant, and do not necessarily represent any official view of the Commission. The European Commission does not guarantee the accuracy of the data and information included in this analysis, nor can it accept responsibility for any use made thereof.

Any comments on the report may be sent by e-mail to the following address: Sanco-unit-B3@cec.eu.in