Feature - An Overview of Product Liability in Romania

In Romania, before the initiation of the European Union accession progress, the main statute that regulated product liability was Government Ordinance No. 21/1992 on consumer protection ("GO No. 21/1992"). Currently still in force, GO No. 21/1992 underwent subsequent amendments in order to update its contents with stricter consumer protection standards.

The process of Romania's EU accession entailed an overall harmonization of the relevant areas of domestic law, including product liability law, with the acquis communautaire. In this context, several statutes and regulations specifically addressing product liability law have been enacted: Law No. 240/2004 on producers' liability for damages caused by defective products (the "Producer Liability Law"), Law No. 245/2004 on the general safety of products (the "General Product Safety Law") and, effective as of Romania's accession to the EU on 1 January 2007, Law No. 296/2004 on a code for consumers (the "Consumer Code") and Law No. 449/2003 on the sale of consumer goods and associated guarantees (the "Consumer Guarantees Law").

An overview of the main legal aspects surrounding product liability in Romania is presented below.

To read the entire article, please download the .pdf attached and learn more about the product liability systems in Romania, persons liable for the damage, the burden of proof, defences in product liability lawsuits, limitation periods, recoverable damages - tort and contract, procedural issues, costs and legal aid.