1. Current framework and changes 
    1. What are the key changes to Serbia’s product liability laws following the updated EU directive, if applicable.
    2. Has any specific case law evolved?
    3. Are there any aspects of the directive that are subject to varied interpretations or pose particular legal challenges in Serbia ?

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Serbia
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Current framework and changes 

Serbian law includes two regimes for non-contractual liability for damages caused by defective products: (a) the general regime prescribed by the Law on torts and contracts (general regime), and (b) sectoral regime introduced by consumer protection laws. The consumers’ rules on producer liability in the consumer context are modeled after Directive 85/374/EEC.

Consumer regulations defines a product as any movable item, whether separate or incorporated into another movable or immovable item, including energy produced or collected to provide light, heat, or movement. 

Under the general regime, the injured party has the right to seek compensation directly from the manufacturer. For damages caused by imported goods with defects, the importer or the seller is liable if the importer is not identified on the product. 

In addition to the general regime, there is a specific liability regime under consumer protection laws, which are more detailed. The special consumer regime applies only if the manufacturer of the defective item qualifies as a trader, while the injured party must be an individual (not a legal entity). Under this regime, compensation can be claimed only for property damage resulting from death, bodily injury, or the destruction or damage of property primarily used for personal use by the injured party or household members.  If the injured party suffers any form of non-material damage, the general liability rules apply.

1. What are the key changes to Serbia’s product liability laws following the updated EU directive, if applicable.

Serbia is required to harmonize its producer liability laws with new European regulations. Efforts are underway to amend consumer protection laws to align with new EU directives. This means that the dual liability regime will continue, with harmonization implemented at the consumer legislation level. This includes addressing damages from defective software or software components, related digital services, and defining the manufacturer of modified or updated software or physical items modified to extend their lifecycle, as well as products obtained directly from abroad via online platforms.

2. Has any specific case law evolved?

None so far.

N/A.