Civil liability, Supplier’s liability, Brand coinciding with that of the Manufacturer, Civil Cassation, Third Section, Interlocutory Ordinance n. 6568 dated 06/03/2023

Liability for damage from defective products – Supplier’s liability pursuant to art. 4 d.p.r. no. 224 of 1988 (now art. 116 of Legislative Decree no. 206 of 2005) – Prerequisites – Supplier with name, trademark or other distinctive sign coinciding in whole or in part with that of the manufacturer – Sufficiency – Material affixing on the product such signs – Necessity – Reference for a preliminary ruling to the CJEU pursuant to art. 267 TFEU.

The Third Civil Section, in terms of liability for damage from defective products, has ordered the reference for a preliminary ruling to the CJEU, pursuant to art. 267 TFEU, formulating the question «whether it complies with art. 3, paragraph 1, dir. 85/374/EEC – and, if it is not compliant, why it is not – the interpretation that extends the responsibility of the producer to the supplier, even if the latter has not physically affixed his name, trademark or other distinctive sign on the goods , only so that the supplier has a name, a brand or other distinctive sign that coincides wholly or in part with that of the manufacturer”.

Source Supreme Court of Cassation