Il controverso rapporto tra regolazione sulla sicurezza ex ante e responsabilità ex post nella nuova direttiva sulla responsabilità per il danno da prodotto difettoso

[Machine translation] The European legislator has recently reformed the discipline of liability for defective product damage with the intention of increasing its impact and ensuring the deterrence function. Among the objectives stated in the reform is to “ensure its consistency and compatibility with legislation on product safety and market surveillance.” It must be noted, however, that the part of the reform designed to coordinate the complementary action of the two market regulation instruments is precisely the one that raises the most interpretative doubts, also in the light of a recent decision of the CJEU concerning harmonized technical standards. The risk of an extensive interpretation is that regulation will turn into a de-accountability tool for companies. Furthermore, the predominant effectiveness attributed to the regulatory system is deplored by those who denounce the high costs that it places on the public institutions that must implement it and on the companies (in particular SMEs and start-ups) that must constantly adapt to it.