Causal presumptions and defective products in EU Law

On 21 June 2017, the ECJ addressed the thorny issue of proof of causation in the context of liability for defective products. Although this decision has been widely criticised, it provides a useful insight into the compatibility of national probationary rules with the European liability regime. The article assesses whether the common criticisms associated with this decision are justified, and more importantly, it explores to what extent, if at all, English law is compatible with the ruling, therefore revealing the core substance of the ECJ ’ s decision.