According to the Consumer Protection Law, a 'consumer' is a legal or natural person to whom products or services are addressed and who is an end user of those products or services. A Greek court recently rejected a plaintiff's lawsuit against the producer of a product which was allegedly unfit for use, because the plaintiff did not qualify as a consumer under the law.
The Consumer Protection Law holds the manufacturer of a defective product liable for any damage caused to the consumer. However, the manufacturer may be exempted from liability if it can prove that certain 'negative' conditions were met. In a recent judgment a manufacturer was released from any liability, since it proved that its production method was organised so that no defects could occur before the product had left its facility.
The Greek courts have issued an interesting judgment dealing with whether and under what circumstances a producer will be held liable for a defect when the product has left the production facility and has been launched on the market. In order to reach its conclusion on the issue of liability, the court applied the theory of spheres of influence or risk source.
Law 2251/1994, which provides for producers' liability for defective products, also provides for the liability of service providers if a consumer suffers any damage from those services. The consumer must prove the damage and the causal link between the provision of the service and the damage, while the service provider must prove that it is not liable for the damage caused and that its actions were not unlawful.
Including: national legislation; key issues.