Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-03-29-Speech-3-189"
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"en.20000329.11.3-189"2
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"Mr President, yesterday, ladies and gentlemen, an American court awarded the nicotine victim Leslie Whiteley compensation of no less than USD 44 million. A week ago, the European Council in Lisbon spoke out in favour of a Europe of innovation. Under these circumstances the question which arises is, do we need to review our European liability law? Do we want to mimic the Americans in our liability law? How can we formulate a liability law which promotes rather than hinders innovation?
We welcome the fact that the Commission has initially submitted a Green Paper on this issue because we consider it sensible to start by evaluating experience with the present directive before we start laying down new rules. As the Group of the European People’s Party (Christian Democrats) and European Democrats, we are in favour, in the interests of legal security, of a clear division between compensation and punitive sanctions, a division not possible under American law. In the interests of medium-sized enterprises, we want to prevent incalculable liability risks and avoid excessive compensation for parties which have suffered minor damage at the expense of consumers as a whole since, at the end of the day, it is they who must pay for such compensation in the form of higher prices. We want a liability law which promotes innovation and does not conceal incalculable liability risks for companies launching new products.
In evaluating the opinions submitted on the Green Paper, we should like the Commission to have a free rein when it assesses the need to reform the product liability directive. We would like you to evaluate the reports which you receive impartially.
We think, at first glance, that the present liability law achieves a fair balance between the interests of consumers on the one hand and the interests of product manufacturers on the other. Companies must assume liability for damage to consumers without fault. At the same time, liability is statute barred after ten years and capped at EUR 75 million. We therefore take the view that a review should only be started if there is clear proof of the need to amend the directive. Caution and level-headedness are needed. Millions of cases are affected day after day. We wish the Commission every success in evaluating the results of the Green Paper."@en1
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