Transposition Time – Update on the EU Member States’ adoption of the new Product Liability Directive

This is the second of a series of articles in which we update on progress of the transposition of the new Product Liability Directive[1] (“PLD”).  Please see our first article from 22 May 2025 here.

By way of reminder, the new PLD entered into force on 8 December 2024 and EU Member States have until 9 December 2026 to transpose this measure into their national law.  Please see our brief summary of the new PLD’s changes in our article published in CMS’ 2025 European Class Action Report, here (pgs. 59 - 64).  Northern Ireland, although not an EU Member State, also has to implement the new PLD by 9 December 2026, as per our article from 26 September 2025, here.

As of late May 2025, only 3 countries (the Netherlands, Sweden, and Finland) had taken affirmative steps to progress the national implementation process in each of their countries.  However, there have been recent updates in 8 more countries—some extensive, some minor, which we briefly summarise below.

First transposition measures – Germany

Unlike the Netherlands which will incorporate the new PLD into its Civil Code, Germany’s Federal Ministry of Justice and Consumer Protection published a draft bill for a new, standalone law to replace their Product Liability Act on 11 September 2025.  A consultation followed until 10 October 2025, resulting in responses from 8 trade associations.  Significantly, the draft bill allows for compensation for non-material harm (e.g., damages for pain and suffering).  It also retains the Development Risk Defence (save for genetic engineering) and fully implements the PLD’s Article 9 disclosure of evidence regime.  The draft law includes consequential amendments to other German laws (e.g., the Medicinal Products Act (Arzneimittelgesetz)) and excludes its application to certain medicinal products.  

It is expected that the German legislator will approve a law very similar to the new PLD.

First transposition measures – Italy

The EU PLD has been included in the Legge di delegazione europea, the annual framework law through which the Italian Parliament delegates to the Government the power to implement EU directives (a legislative law decree legislated by the Government, not Parliament, on the basis of an enabling act).  According to Law no. 234/2012, the Government is expected to submit the next draft of the Legge di delegazione europea (for the year 2026) to Parliament by 28 February 2026.

First transposition measures – Hungary

The Hungarian government published a proposed law implementing the PLD in mid-August 2025.  A short consultation immediately followed but closed on 23 August 2025.  Perhaps not surprisingly, no substantive responses to the consultation were received. 

First transposition measures – Denmark

On 4 October 2025, the Danish government included a bill on product liability to implement the new PLD on its legislative programme for the 2025-2026 parliamentary year.  The bill is expected to be introduced in February 2026 and to be adopted no earlier than April 2026.

First transposition measures – Austria

Although no draft legislation is available, the relevant ministries, in particular the Federal Ministry of Social Affairs, Health, Care and Consumer Protection (BMSGPK) and the Federal Ministry of Justice (BMJ), have already begun preparatory work on the transposition process.

First transposition measures – Czech Republic

In the Czech Republic, the responsible government department is working on the implementation process.  A draft law for implementation is expected to be submitted to the government by 31 March 2026, to be followed by necessary debates and further review before a draft bill is submitted to Parliament.

First transposition measures – Romania

The PLD has now been added to the Romanian’s Government’s list of directives that must be transposed in 2026.  The institution which will be responsible for its transposition is to be confirmed.  The National Consumer Protection Authority and the Ministry of Justice have already declined competence.

First transposition measures – Slovakia

In Slovakia, the government decided on an internal deadline of 31 May 2026 for the submission of the first draft of the implementing legislation.  No major updates are expected in the remainder of 2025.

Update on transposition progression in the Netherlands

As per our first article of 22 May 2025, the Dutch government published a draft bill to implement the PLD (“the Implementation Act”), via amendments to the Dutch Civil Code (primarily to Books 6 and 7) and the Transitional Act of the new Civil Code, on 24 April 2025.  A public consultation followed and closed on 22 May 2025 with 10 consultation responses.  The draft bill contains a retention of the “development risk defence.”   

Although it held elections at the end of October 2025, the Netherlands currently have no established government.  Nevertheless, as the House of Representatives did not declare the draft Implementation Act as “controversial” (as such a status would require a new government be in place before progress can continue), the passage of the bill should still continue as planned. 

The Implementation Act remains in the “preparatory phase” of the legislative proposal (during which time it may still be amended).  Following this phase, the Council of State will issue its advice on its assessment as to whether the proposal is feasible and whether it complies with the Constitution and other Dutch laws.  No substantial changes to the draft are expected.

Update on transposition progression in Sweden

The special investigator appointed by the Swedish government, Judge Erik Tiberg, was tasked with determining how the new PLD should be implemented and with proposing necessary implementation measures, including any necessary amendments to Swedish law.  Various experts were appointed to assist Judge Tiberg.  Together, the “Product Liability Inquiry” published its report and proposed implementation measures in October 2025. 

The report recommended a new Product Liability Act that is close in form and content to the PLD save as the exclusion of the PLD’s disclosure of evidence (discovery) and the burden of proof (in terms of the Claimant bearing the burden of proof generally), as those topics are already addressed in other Swedish laws.  For the avoidance of doubt, the draft legislation does embed the presumptions and alleviation of the burden of proof for technical/scientifically complex products, aligned in substance with the new PLD.

Other Member States to follow

So far, the Netherlands, Sweden, and Germany now appear to lead the pack on the adoption of the terms of the new PLD.  The December 2026 transposition deadline is now nearly a year away, with a lot of work still to do by the Member States (and Northern Ireland), so we anticipate further updates from the other Member States in the new year.

CMS will be reporting as progress is made in each of the Member States.  

Thank you to CMS DSB (Netherlands), CMS Wistrand (Sweden), CMS Hasche Sigle (Germany), CMS Adonnino Ascoli & Cavasola Scamoni (Italy), CMS CMNO (Hungary), CMS CMNO (Czech Republic), CMS CMNO (Slovak Republic), CMS CMNO (Romania), and Kromann Reumert (Denmark) for their assistance with transposition updates for their individual jurisdictions.

[1] Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024