Business Brunch – the 4th railway package: responsibility and liability

Category: compliance, product liability, contract law, product safety Industry: railway Location: Berlin Date:

The new authorisation regulation

Responsibility and liability for manufacturers and operators

Business Brunch with Philipp Reusch & Sebastian Giera on 9 November 2018 in Berlin

The changes in the rail industry are not only making themselves felt in the challenges relating to the authorisation of new products. The legal position with reference to conversion and maintenance will also lead to shifts in terms of liability law between the operator and the manufacturer, and these are such that they cannot be coped with using the previous models and methods. 

Of course, the impacts of the technical pillar relate to the authorisation procedures for manufacturers' new vehicles – but not only. Operators, lessors, component manufacturers, technical inspection organisations and other parties to the proceedings are also being confronted with complex issues of very considerable significance:

  • the design of procedures with member states which do not convert in June 2019
  • the right to make applications and the consequences of application
  • the meaning of engineering standards, current state of technology, state of the art in science and technology for approval, operation and conversion
  • authorisation ownership and its significance for third parties
  • duration, scope and content of conversion procedures 
  • configuration management after approval
  • track compatibility inspection prior to commencement of operation
  • future of series approval and the definition of standards 

New approaches are called for here, and we would like to present and discuss them at our business brunch. Once again we have been able to enlist the services of Sebastian Giera, senior legal counsel and senior expert for approval at Bombardier Transportation GmbH, as a speaker. Herr Giera contributed to the negotiation of the 4th railway package on behalf of the rail industry and is now actively involved in the implementation of the technical pillar.

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