Product Liability for Information products?: The CJEU Judgment in VI/KRONE -Verlag Gesellschaft mbH & Co KG, 10 June 2021 [C-65/20]

Abstract

In its Krone judgment, the Court of Justice interpreted the Product Liability Directive to determine whether a copy of a newspaper containing incorrect paramedical advice constitutes a defective product within the meaning of the Directive. The negative answer given by the Court is correct, although not all the arguments in support of it are convincing, and others can be identified. The issue of defining product and defect is central to the application of the Directive, and the Court’s views may also be of some use in the discussion on its modernization.