ITALY Trends and Developments Contributed by: Maria Rosa Galletti, Silvio Severino and Simone Esposito Cordani, RASS – Studio Legale Rinaldi e Associati
RASS – Studio Legale Rinaldi e Associati Via Conservatorio, 15 20122 Milan Italy Largo di Torre Argentina, 11 00186 Rome Italy Tel: +39 02 7600 8860; +39 06 6878 867 Fax: +39 02 760 06944; +39 06 6879 158 Email: mailbox@rinaldilawf.com Web: www.rass.law
Introduction The present chapter examines the most recent case law on product liability, including artificial intelligence (AI) systems, and provides an over - view of relevant regulatory updates at both the EU and national level. The general rules governing liability for defec - tive products are set out in Legislative Decree No 206/2005 (the so-called Consumer Code, which transposed the provisions of Directive (EEC) 85/374), which contains provisions on consumer protection and disciplines the rela - tionship between consumers and professionals. However, further relevant provisions are included in the Italian Civil Code – ie, Articles 2043 and 2050, governing compensation for tortious acts and liability for the exercise of hazardous activi - ties, respectively. Regarding recent developments in EU legislation, the new Directive (EU) 2024/2853 (the “Product Liability Directive” or PLD) will be examined.
Recent Legislative Developments in Product Liability On 8 December 2024, the PLD, published in the Official Journal of the European Union on 18 November 2024, entered into force. The PLD repeals, effective from 9 December 2026, Directive (EEC) 85/374. Notwithstanding the above, according to Article 21, paragraph 1, of the PLD, Directive (EEC) 85/374 shall continue to apply with regard to products placed on the market or put into service before that date. For the purposes of this analysis, it should be noted that the PLD clarifies that the liability for defective products set forth therein shall not affect “any right which an injured person has 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, includ- ing national rules implementing Union law” or “any right which an injured person has under any special liability system that existed in national law on 30 July 1985” . This concept was already
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