Article 1

Article 1 of Portuguese Decree-Law 383/89 of 6 November, which transposed Council Directive 85/374/EEC into Portuguese law, establishes the principle of strict liability of the producer for damage caused by defects in products placed in circulation, irrespective of fault. The claimant need only prove three elements: the defect of the product, the damage suffered, and the causal link between defect and damage. The producer's fault need not be proved. Emergent Goals invokes it as the basis of the Portuguese regime applicable to products placed on the market until 9 December 2026, the date from which the successor regime of Directive 2024/2853 begins to apply.