Liability Risk and Insurance
Parent company and liability for defective products
In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning
liability for defective products, which by article 11 required proceedings to be brought against the producer within ten years
of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside
that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer)
unless the parent company had actually determined when the supplier put the product in circulation.