Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-03-29-Speech-3-193"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2000-03-29"^^xsd:date2
dcterms:Is Part Of	lp_eu:Liability for defective products2
dcterms:Language	"es"^^xsd:language2
lpv:document identification number	"en.20000329.11.3-193"2
lpv:hasSubsequent	lp_eu:2000-03-29-Speech-3-1942
lpv:speaker	lp:Luis Berenguer Fuster2
lpv:spokenAs	member; Delegation for relations with the Member States of ASEAN, South-east Asia and the Republic of Korea (1999-10-06--2002-01-14)3 substitute; Committee on Legal Affairs and the Internal Market (1999-07-22--2002-01-14)3 member; PES (1999-07-20--2004-07-19)3 member; ECON (1999-07-21--2002-01-14)3 unknown; Partido Socialista Obrero Español (1999-07-20--2004-07-19)3
lpv:translated text	". Mr President, I am afraid that my opinions will differ from those of Mr Harbour or Mr Wuermeling, because, although the 1985 directive on civil liability was a milestone in the field of consumer protection and furthermore a chapter in which the Commission played a very important role and adopted a strikingly progressive approach, I think that, at the same time, several years have passed since it was adopted. I therefore feel that it is notable and praiseworthy that the Commission has decided to review it. This Green Paper represents a first step towards this review. We must bear in mind the fact that in 1985 certain principles that are today considered to be fundamental were not incorporated, and at that time could not be incorporated into the text of the directive, because debate on the subject had not reached a sufficiently advanced level. Amongst these principles, the first we should highlight is the importance of the manufacturer accepting, at least in certain areas, the development risks. I come from a country, Spain, where consumer legislation dictates that the manufacturer bears responsibility for development risks. There have been no bankruptcies among insurance companies or manufacturers, nor has technical progress been hampered as a result. For too long the consumer has had to bear the full cost of this risk in the cause of progress. The second principle consists of removing the burden of proof from the party that has suffered the damage. We are talking about an objective responsibility and therefore the burden of proof imposed on the victim must be made as light as possible. The third principle concerns setting levels of compensation. The directive does provide for this eventuality, but we must bear in mind the fact that judicial bodies are used to seeing this setting of compensation as interference by legislative authority in its duties and this issue must therefore also be reviewed."@en1

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