2 Amendments of Malcolm HARBOUR related to 2013/0185(COD)
Amendment 78 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure thatmay provide for implementing a system, based on judicial case law, where the defendant in an action for damages can invoke as a defence against a claim for damages the fact that the claimant passed on the whole or part of the overcharge resulting from the infringement. T, in which case, the burden of proving that the overcharge was passed on shall rest with the defendant.
Amendment 87 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1