VII. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE 1. Evoluţia riscului, mutaţia răspunderii: răspunderea pentru defectele software-ului şi ale sistemelor de inteligenţă artificială potrivit dreptului UE
VII. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION 1. Evolving Risks, Shifting Liability: EU Law on Defective Software and AI Systems

Summary/Abstract: The adoption of Directive (EU) 2024/2853 on liability for defective products marks a crucial step in adapting European private law to the challenges posed by digital technologies. For the first time, software and artificial intelligence applications are explicitly recognised as „products” subject to strict liability, thus expanding legal protection for users against emerging technological risks. This article examines the key innovations introduced by the Directive, including the definition of digital products, the notion of software defect, the continuing duty of care through updates and traceability, as well as evidentiary mechanisms that favour claimants (notably legal presumptions). The analysis also explores the implications of transposing the Directive into Romanian law, with particular emphasis on the need to adjust judicial culture to new evidentiary tools and the growing technical complexity of litigation. The conclusion emphasises the ex post nature of product liability and its complementarity with other preventive instruments provided under EU legislation, such as the AI Act and the Cyber Resilience Act.

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