4 Amendments of Marion WALSMANN related to 2022/0302(COD)
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
(9) Under the legal systems of Member States an injured person may have a claim for damages on the basis of contractual liability or on grounds of non-contractual liability that do not concern the defectiveness of a product, for example liability based on warranty or on faultmanufacturer´s liability for defectiveness of a product as established in this Directive. This concerns for example liability based on warranty or on fault, or strict liability of operators for damages caused by the properties of an organism, resulting from the genetic engineering. This also includes the provisions of the [AI Liability Directive …/… of the European Parliament and of the Council], which lays down common rules on the disclosure of information and the burden of proof in the context of fault-based claims for damages caused by an AI system. Such provisions, which also serve to attain inter alia the objective of effective protection of consumers, should remain unaffected by this Directive.
Amendment 76 #
Proposal for a directive
Recital 10
Recital 10
(10) In certain Member States, injured persons may be entitled to make claims for damages caused by pharmaceutical products under a special national liability system, with the result that effective protection of consumers in the pharmaceutical sector is already attained. The right to make such claims should remain unaffected by this Directive. Furthermore, amendments to such special liability systems should not be precluded as long as they do not undermine the effectiveness of the system of liability provided for in this Directive or its objectives.
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) any rights which an injured person may have under national rules concerning contractual liability or concerning non- contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union Law, such as [AI Liability Directive];
Amendment 411 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, point (e), Member States may maintain existing rules that make an economic operator liable even if the objective state of scientific and technical knowledge at the time when the product was placed on the market, put into service or in the period in which the product was within the manufacturer’s control was such that the defectiveness could not be discovered.