ECJ PRODUCER SUPPLIER LIABILITY CASE

BY KEITH NUTHALL THE EUROPEAN Court of Justice (ECJ) has clarified when food suppliers, rather than the producer, can be held responsible for damages caused by defective products. Its advice came in a Danish case involving two consumers suing food retail chain Bilka after contracting salmonella from eggs. Bilka in turn sued producer Skov. The Danish government, backing Skov, argued that for cases of no-fault liability, where food poisoning occurred despite good practice throughout the supply chain, a producer could pass on liability to a supplier. The Danes said ...


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