The proposal sought to ease evidential hurdles for victims of AI-related harm under fault-based tort regimes by introducing targeted measures: court-ordered disclosure for high-risk AI systems and rebuttable presumptions regarding non-compliance and causation. It expressly stated that it “does not lead to a reversal of the burden of proof”, aiming instead to ensure that victims have “the same level of protection as in cases not involving AI systems.” It was designed to complement the (revised) Product Liability Directive and the AI Act, not to create new heads of liability. The Commission announced withdrawal of the proposal in its 2025 Work Programme, later formalised in the Official Journal on 6 October 2025, citing no foreseeable agreement.
Full name: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive)