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withdrawn proposal and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