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10 Amendments of Derk Jan EPPINK related to 2013/0185(COD)

Amendment 146 #
Derk Jan EPPINK
Proposal for a directive
Article 5 – paragraph 3
3. Member States shall ensure that national courts limit disclosure of evidence to that which is proportionate. 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: (a) the likelihood that the alleged infringement of competition law occurred; (b) the scope and cost of disclosure, especially for any third parties concerned; (c) whether the evidence to be disclosed contains confidential information, especially concerning any third parties, and the arrangements for protecting such confidential information; and (d) in cases where the infringement is being or has been investigated by a competition authority, whether the request has been formulated specifically with regard to the nature, object or content of such documents rather than by a non- specific request concerning documents submitted to a competition authority or held in the file of such competition authority.deleted
2013/11/08
Committee: ECON
Amendment 150 #
Derk Jan EPPINK
Proposal for a directive
Article 5 – paragraph 4
4. Member States shall ensure that national courts have at their disposal effective measures to protect confidential information from improper use to the greatest extent possible whilst also ensuring that relevant evidence containing such information is available in the action for damages.deleted
2013/11/08
Committee: ECON
Amendment 153 #
Derk Jan EPPINK
Proposal for a directive
Article 5 – paragraph 5
5. Member States shall take the necessary measures to give full effect to professional legal privileges under national and European law and other rights not to be compelled to disclose evidence.
2013/11/08
Committee: ECON
Amendment 186 #
Derk Jan EPPINK
Proposal for a directive
Article 10 – paragraph 2
2. Member States shall ensure that the limitation period shall not begin to run before an injured party knows, or can reasonably be expected to have knowledge of: (i) the behaviour constituting the infringement; (ii) the qualification of such behaviour as an infringement of Union or national competition law; (iii) the fact that the infringement caused harm to him; and (iv) the identity of the infringer who caused such harm.deleted
2013/11/08
Committee: ECON
Amendment 202 #
Derk Jan EPPINK
Proposal for a directive
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.
2013/11/08
Committee: ECON
Amendment 205 #
Derk Jan EPPINK
Proposal for a directive
Article 13 – paragraph 1
1. Member States shall ensure that, where in an action for damages the existence of a claim for damagesparties which have suffered damage caused by an infringement orf the amount of compensation to be awarded dependcompetition rules are entitled to compensation, regardless onf whether - or to what degree - an overcharge was passed on to the claimant, the burden of proving the existence and scope of such pass-on shall rest with the claimantthey are direct or indirect purchasers.
2013/11/08
Committee: ECON
Amendment 207 #
Derk Jan EPPINK
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
In the situation referred to in paragraph 1 of this Article, the indirect purchaser shall be deemed to have proven that a passing-on to him occurred where he has shown that: (a) the defendant has committed an infringement of competition law; (b) the infringement resulted in an overcharge for the direct purchaser of the defendant; and (c) he purchased the goods or services that were the subject of the infringement, or purchased goods or services derived from or containing the goods or services that were the subject of the infringement.deleted
2013/11/08
Committee: ECON
Amendment 213 #
Derk Jan EPPINK
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Member States shall ensure that the court has the power to estimate which share of thate overcharge was passed on to the indirect purchaser.
2013/11/08
Committee: ECON
Amendment 214 #
Derk Jan EPPINK
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
This paragraphticle shall be without prejudice to the infringer's right to show that the overcharge was not, or not entirely, passed on to the indirect purchaser.
2013/11/08
Committee: ECON
Amendment 219 #
Derk Jan EPPINK
Proposal for a directive
Article 16 – paragraph 1
1. Member States shall ensure that, in the case of a cartel infringement, it shall be presumed that the infringement caused harm. The infringing undertaking shall have the right to rebut this presumption.deleted
2013/11/08
Committee: ECON
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