Product Liability and Pharmaceutical Products Between EU Directives and Italian Law

71 Abstract This essay aims to examine the critical issues surrounding the application of the current Product Liability Directive (85/374/EEC) to damage resulting from medicinal products, especially when such damage stems from adverse effects inherent to the medicine itself. The analysis will then consider whether these challenges can be addressed by the new Product Liability Directive (EU) 2024/2853 and by the Italian liability provisions under art 2050 of the Civil Code.

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Publication Details

Journal
Journal of European Tort Law
Published
2026-03-31
DOI
https://doi.org/10.1515/jetl-2026-0003
Primary Topic
European and International Contract Law
Type
article
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0.00
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article

Product Liability and Pharmaceutical Products Between EU Directives and Italian Law

Virginia Fusco
Journal of European Tort Law
European and International Contract Law
article

Product Liability and Pharmaceutical Products Between EU Directives and Italian Law

Virginia Fusco
article en

Abstract

71 Abstract This essay aims to examine the critical issues surrounding the application of the current Product Liability Directive (85/374/EEC) to damage resulting from medicinal products, especially when such damage stems from adverse effects inherent to the medicine itself. The analysis will then consider whether these challenges can be addressed by the new Product Liability Directive (EU) 2024/2853 and by the Italian liability provisions under art 2050 of the Civil Code.

Journal of European Tort LawVol. 17(1)
University of Insubria (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
European and International Contract Law
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