On October 23, 2024, the European Union adopted new regulations on liability for defective products in the form of Directive 2024/2853 (entered into force on November 18, 2024). Ultimately, the new regulations are intended to ensure a higher level of safety for consumers’ health and property and guarantee them appropriate compensation. Furthermore, the preamble to the act anticipates the need to facilitate innovation and research, and recognizes the upcoming challenges related to the growing popularity of digital services. However, this does not mean that the previous EU legal act on this matter (Directive 85/374/EEC of July 25, 1985) will automatically become null and void, as the new regulations stipulate that it will continue to apply to defective products placed on the market or put into service before its repeal date (December 9, 2026). What other changes has the new directive introduced?
A characteristic of consumer transactions is the inequality of parties. Generally, the entrepreneur has a stronger position than the consumer. Practice and experience show that the entrepreneur will dictate the terms of the contract, including price, warranty terms, delivery time and location, and payment method. This places the entrepreneur in a stronger position vis-à-vis the consumer, who is often forced to comply. This can pose a threat when the entrepreneur exploits their dominant position to impose unfair terms on the consumer, to which the consumer will be forced to adapt.
A shadow fleet is a term used to describe vessels engaged in illegal operations aimed at circumventing sanctions, evading safety or environmental regulations, or avoiding insurance costs.[1] The term broadly refers to illegal practices occurring in the maritime sector.[2] Importantly, it is not just the cargo that is being concealed, but also the entire vessel transporting it—hence the term “shadow fleet” or “ghost fleet”. Currently, it is primarily used in the context of Russia’s efforts to circumvent sanctions. These sanctions were imposed by, among others, the EU and the United Kingdom and are a consequence of Russia’s invasion of Ukraine.
