Article 18 › 1

Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered. Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26