Przegląd Prawa Rolnego, 2008 Nr 2 (4)

Permanent URI for this collection

Now showing 1 - 1 of 1

Odpowiedzialność za produkt niebezpieczny podmiotów dystrybuujących żywność
(Wydawnictwo Naukowe UAM, 2008) Trapé, Ilaria
The main focus of all discussions on product liability has been so far put on producer's liability. Only some recent decisions of the European Court of Justice have pointed out to the possible liability of food distributors whose role in relations with producers as well as consumers has been becoming more and more important. The decision of the ECJ in the case brought against Lidl Italia, which concerned Amaro alle erbe liquor, produced in Germany and distributed by Lidl in Italy, has given rise to some interesting reflections on the liability of different subjects in the agro-food sector, and food distributors in particular. That decision is of major significance because it expressly and unambiguously provides for a possibility of finding a distributor fully liable for the products he has been handling. As a result, in a situation where the complexity of the food chain is increasing, all participants must collaborate in that chain to successfully secure efficient food safety, while individual participants could be held liable only for failure to perform the particular obligations assigned to them and determined on the basis of some functional criterion.