Distribution and sale, in Spain, of products which are made in a foreign country. Private International Law issues

Abstract

The distribution and sale, of a product manufactured in a third country, in the European single market, requires the adjustment of the product to the rules of public law and private law. From the point of view of public law, the Conformité Européenne operates as a necessary element in order to market for certain products in the EU single market. From an international private law perspective, European standards applicable to the legal position of the purchaser of a product - manufactured in a Member State of the EU or in a third country - which is distributed and commercialized in the EU single market, will provide a different legal treatment depending on whether the consumer is "active" or "passive".