Activities of Giuseppe GARGANI related to 2013/0185(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union
Amendments (6)
Amendment 63 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall ensure that, where a claimant has presented reasonably available facts and evidence showing plausible grounds for suspecting that he, or those he represents, has suffered harm caused by the defendant’s infringement of competition law, national courts can order the defendant or a third party to disclose evidence, regardless of whether or not this evidence is also included in the file of a competition authority, subject to the conditions set out in this Chapter. Member States shall ensure that c and in accordance with the provisions of Article 2 of this Directive. Member States shall ensure that the national courts request the disclosure of evidence from the national competition authority where the defendant does not provide the evidence requested. Courts are also able to order the claimant or a third party to disclose evidence on request of the defendant.
Amendment 69 #
Proposal for a directive
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Member States shall ensure that national courts limit disclosure of evidence to that which is proportionate and necessary for the purpose of estimating the harm caused, pursuant to Article 2 of this Directive. In determining whether any disclosure requested by a party is proportionate, national courts shall consider the legitimate interests of all parties and third parties concerned. They shall, in particular, consider:
Amendment 80 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that, to the extent that their courts have powers tobefore ordering disclosure without, the national courts hearing the person from whom disclosure is sought, no penalty for non-compliance with such an order may be imposed until the addressee of such an order has been heard by the court.
Amendment 89 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 (new)
Article 6 – paragraph 1 – subparagraph 1 (new)
internal documents of the national competition authority, correspondence between the Commission and the national competition authorities or between the latter within the European Competition Network;
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this Article may be ordered in actions for damages at any timeonly after the statement of objections (or other equivalent national competition authority document); disclosure shall be without prejudice to the power of the national competition authority to defer access, for reasons relating to the investigations, until the end of the antitrust proceedings.
Amendment 135 #
Proposal for a directive
Article 17 – paragraph 2 – point 1 (new)
Article 17 – paragraph 2 – point 1 (new)
(1) The suspension referred to in paragraph 2 of this Article may not, in any case, have a duration exceeding one year.