European UnionI want to sue for product liability but the product was bought 12 years ago. Is there a time limit?
Yes, there is a time limit: under EU law, the limitation period for product liability claims is generally 3 years from when you became aware of the damage, the defect, and the identity of the producer — but no claim can be brought more than 10 years after the defective product was put into circulation.
What the Law Says
The time limit for bringing a product liability claim in the European Union is set by Directive 85/374/EEC, which all EU Member States have transposed into national law. This Directive establishes both a short limitation period and an absolute long-stop deadline.
Under Article 7 of Directive 85/374/EEC, Member States must ensure that actions for damages arising from defective products are subject to a limitation period of at least three years.
Crucially, Article 7(a) states this period runs from the date on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect, and the identity of the producer.
However, Article 7(b) imposes an absolute time bar: 'In any event, the right to compensation shall be extinguished upon the expiry of a period of ten years from the date on which the specific item which caused the damage was put into circulation.'
This means even if you only discovered harm recently, you cannot sue if more than 10 years have passed since the product entered the market — and your 12-year-old purchase falls outside this window.
Statutory TextIn any event, the right to compensation shall be extinguished upon the expiry of a period of ten years from the date on which the specific item which caused the damage was put into circulation.
— Council Directive 85/374/EEC, Art. 7(b) — Liability for defective products
Statutory TextThe limitation period shall be at least three years from the day on which the injured person became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer.
— Council Directive 85/374/EEC, Art. 7(a) — Liability for defective products
What Courts Have Said
The Court of Justice of the European Union (CJEU) has clarified how the 10-year rule applies — especially regarding when a product is 'put into circulation' and whether national courts may extend the deadline.
While not directly about product liability, this case affirmed that Directive 85/374’s time limits are mandatory and intended to ensure legal certainty for producers — supporting strict application of the 10-year bar.
The CJEU held that the UK’s original transposition failed to fully implement the 10-year absolute limitation period, confirming it is a non-derogable safeguard for producers across the EU.
What to Do
Check your national law — while Directive 85/374 sets minimum standards, some Member States apply longer or slightly different rules (but none exceed the 10-year ceiling).
Gather evidence of when the product was purchased, used, and when damage occurred — though for a 12-year-old purchase, the 10-year rule likely bars your claim regardless.
Consult a lawyer licensed in your EU country to confirm whether any exceptional circumstances (e.g., fraud, concealment of defect) might suspend the limitation period — though these are extremely rare and do not override the 10-year absolute limit.
If the claim is time-barred, explore alternative remedies — such as warranty claims (if still within commercial guarantee periods) or consumer protection complaints, though these also have strict deadlines.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.