Between Limitation and Non-Limitation: Regulatory Overlap between the LLMC and Directive (EU) 2024/2853 in Autonomous Shipping

The increasing deployment of autonomous ships is challenging the traditional foundations of maritime liability, historically centred on human fault and the central role of the shipowner. This shift is reinforced by Directive (EU) 2024/2853 on liability for defective products, which extends the notion of “product” to include software and digital components. In the maritime context, this development is likely to intensify claims based on product defects, particularly where failures in autonomous navigation systems cause damage. Against this background, this article examines the interaction between the liability regime established by Directive (EU) 2024/2853 and international conventions on the limitation of maritime liability, with particular focus on the Convention on Limitation of Liability for Maritime Claims (LLMC). While the LLMC allows shipowners to limit their liability for certain maritime claims, the Directive introduces a strict liability regime and, under Article 15, excludes the possibility of limitation in cases involving defective products. In specific circumstances, shipowners may qualify as economic operators within the meaning of the Directive, thereby falling within its scope. The article analyses whether shipowners facing product liability claims may rely on the LLMC, or whether the application of EU law constrains the operation of limitation regimes. Drawing on the case law of the Court of Justice of the European Union (CJEU), it explores how situations of regulatory overlap between EU law and international maritime regimes should be addressed. The analysis shows that the relationship between the LLMC and Directive (EU) 2024/2853 is best understood as a situation of regulatory overlap. While both regimes may formally coexist, their concurrent application may generate tensions, particularly where limitation mechanisms are invoked. In such cases, the principles of primacy and effectiveness of EU law may require national courts to ensure that the rights conferred by the Directive are not undermined. The article concludes that, while the LLMC is not automatically displaced, its operation may be significantly constrained in cases involving defective products, with important implications for the structure of maritime liability in the context of autonomous shipping.