Cafpi SA and Aviva assurances SA v Enedis SA.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2022:926
• Date: 24 November 2022
• Docket Number: C-691/21
• Celex Number: 62021CJ0691
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Tenth Chamber)

24 November 2022 (*)

(Reference for a preliminary ruling – Directive 85/374/EEC – Article 3 – Liability for defective products – Meaning of ‘producer’ – Operator of an electricity distribution network changing the electricity voltage level for distribution)

In Case C‑691/21,

REQUEST for a preliminary ruling under Article 267 TFEU from the Cour de cassation (Court of Cassation, France), made by decision of 10 November 2021, received at the Court on 18 November 2021, in the proceedings

Cafpi SA,

Aviva assurances SA

v

Enedis SA,

THE COURT (Tenth Chamber),

composed of D. Gratsias, President of the Chamber, I. Jarukaitis and Z. Csehi (Rapporteur), Judges,

Advocate General: T. Ćapeta,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– Enedis SA, by G. Thouvenin, avocat,

– the French Government, by A.‑L. Desjonquères and W. Zemamta, acting as Agents,

– the European Commission, by G. Gattinara and K. Talabér-Ritz, acting as Agents,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 2 and Article 3(1) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29), as amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 (OJ 1999 L 141, p. 20).

2 The request has been made in proceedings between Cafpi SA and its insurer, Aviva assurances SA, on the one hand, and Enedis SA, an electricity distribution system operator, on the other hand, concerning the compensation for loss caused by a voltage surge.

Legal context

European Union law

3 The fourth and fifth recitals of Directive 85/374 read as follows:

‘Whereas protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them was defective; whereas, for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified;

Whereas, in situations where several persons are liable for the same damage, the protection of the consumer requires that the injured person should be able to claim full compensation for the damage from any one of them’.

4 Article 1 of that directive provides:

‘The producer shall be liable for damage caused by a defect in his product.’

5 Article 2 of the directive provides:

‘For the purpose of this Directive, “product” means all movables even if incorporated into another movable or into an immovable. “Product” includes electricity.’

6 Under Article 3 of the same directive:

‘1. “Producer” means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product presents himself as its producer.

2. Without prejudice to the liability of the producer, any person who imports into the Community a product for sale, hire, leasing or any form of distribution in the course of his business shall be deemed to be a producer within the meaning of this Directive and shall be responsible as a producer.

3. Where the producer of the product cannot be identified, each supplier of the product shall be treated as its producer unless he informs the injured person, within a reasonable time, of the identity of the producer or of the person who supplied him with the product. The same shall apply, in the case of an imported product, if this product does not indicate the identity of the importer referred to in paragraph 2, even if the name of the producer is indicated.’

7 Article 5 of Directive 85/374 provides:

‘Where, as a result of the provisions of this Directive, two or more persons are liable for the same damage, they shall be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse.’

8 Article 9 of that directive states:

‘For the purpose of Article 1, “damage” means:

…

(b) damage to, or destruction of, any item of property other than the defective product itself, with a lower threshold of [EUR 500], provided that the item of property:

(i) is of a type ordinarily intended for private use or consumption,

and

(ii) was used by the injured person mainly for his own private use or consumption.

…’

9 Article 11 of the directive is worded as follows:

‘Member States shall provide in their legislation that the rights conferred upon the injured person pursuant to this Directive shall be extinguished upon the expiry of a period of 10 years from the date on which the producer put into circulation the actual product which caused the damage, unless the injured person has in the meantime instituted proceedings against the producer.’

French law

10 Directive 85/374 has been transposed into the French legal order by loi nº 98-389, du 19 mai 1998, relative à la responsabilité du fait des produits défectueux (Law No 98-389 of 19 May 1998 on liability for defective products) (JORF of 21 May 1998, p. 7744), which introduced into the code civil (French Civil Code) Articles 1386‑1 to 1386‑18, which became Articles 1245 to 1245‑17 of that code.

11 Article 1386‑1 of the Civil Code, which became Article 1245 of that code, provides:

‘The producer shall be liable for the damage caused by a defect in its product, whether or not it is bound to the injured person by contract.’

12 Article 1386‑2 of the Civil Code, which became Article 1245‑1 of that code, provides:

‘The provisions of this title shall apply to compensation for damage resulting from personal injury.

They shall also apply to compensation for damage exceeding an amount defined by decree resulting from damage to property other than the defective product itself.’

13 Article 1386‑3 of the Civil Code, which became Article 1245‑2 of that code, provides:

‘Any movable property is a product, even if it is incorporated into immovable property, including produce of the soil, farming...