Greek law sets strict rules on product liability to protect consumers. Law 2251/1994 (Consumers’ Protection Law) implements EU Directive 85/374/EEC, later amended by Directive 99/34/EC. The law has been updated several times, most recently by Laws 4933/2022, 4967/2022, and 5019/2023. The last amendment introduced major changes to collective redress (class action) procedures.

Additionally, Ministerial Decision Z3/2810/14.12.2004 implemented Directive 2001/95/EC on general product safety, which is now being replaced by Regulation (EU) 2023/988.

Strict Liability for Defective Products

Under Greek law, producers are strictly liable for damage caused by defective products. This means they are responsible even if they were not negligent.

To hold a producer liable under Article 6(1) of the Consumers’ Law, a consumer must prove:
✔ The product was defective.
✔ The defect caused damage.
✔ There is a causal link between the defect and the damage.

This system does not prevent consumers from using other legal options for additional protection (Article 14(5) of the Consumers’ Law), such as:

1️⃣ Contractual liability – Applies in cases where a defective product is sold under a contract. The seller is responsible for non-conformity, regardless of fault, under Greek Civil Code Articles 513 ff. and Law 4967/2022.

2️⃣ Tort liability – Requires proving the defendant’s fault (Greek Civil Code Articles 914, 925, 932, 281, and 288). However, Greek courts often shift the burden of proof to the defendant in consumer cases.

3️⃣ Criminal and administrative liability – Stemming from the Greek Criminal Code and Law 4177/2013 on market regulations (Article 13a of the Consumers’ Law).

Who Is Considered a Producer?

According to Article 6(2–4) of the Consumers’ Law, responsibility falls on:

✔ The manufacturer of the product or its components.
✔ Any business that markets itself as the producer (e.g., using a brand name or logo).
✔ Any importer of a product into the EU for sale, lease, or distribution.

If the actual producer is unknown, the supplier is considered responsible unless they provide details of the real manufacturer or importer. This also applies to imported goods where the importer is unknown.

Producer’s Obligation to Ensure Product Safety

Under Article 7 of the Consumers’ Law, producers must:

✔ Place only safe products on the market.
✔ Provide clear information about risks.
✔ Take preventive actions (including product recalls).

If a producer fails to recall a dangerous product, they may be liable for negligence. In strict liability cases, consumers only need to prove the defect, the damage, and the causal link—not the producer’s fault. However, in tort claims, proving fault is usually required unless the court shifts the burden of proof to the defendant.

Time Limits for Legal Claims

There are strict deadlines for filing product liability claims:

🔹 Strict Liability (Product Liability Claims)
✔ 3 years from when the consumer knew about the defect, damage, and responsible party.
✔ 10 years (absolute limit) from when the product was placed on the market.

🔹 Contractual Liability (Sale of Goods – Non-Conformity Claims)
✔ 5 years for immovable property.
✔ 2 years for movable goods.
✔ 6 months for digital services with continuous supply.

🔹 Tort Liability
✔ 5 years from when the consumer knew about the damage and responsible party.
✔ 20 years (absolute limit) from the date of the harmful act.

🔹 Collective Redress (Class Actions)
✔ Before 25 June 2023: 6 months from the last unlawful act.
✔ After 26 June 2023: 1 year for claims seeking injunctive relief.

Defenses Available to Producers

A producer can avoid liability by proving:
✅ They never placed the product on the market.
✅ The product was not defective when sold.
✅ The defect was caused by compliance with mandatory regulations.
✅ The defect could not have been discovered using available scientific knowledge at the time (state-of-the-art defense).

Key Takeaways

⚖️ Greek law holds producers strictly liable for defective products, ensuring strong consumer protection.
📅 There are strict deadlines for filing claims, so acting quickly is essential.
🚨 Producers must ensure product safety and may be held responsible if they fail to recall dangerous products.

📢 Are you prepared for the evolving landscape of consumer protection laws?