Wagner-von Papp, F;
Kroes, F;
Idot, L;
Bernhard, J;
Negri, M;
(2017)
Disclosure of documents that lie in the control of the parties (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017).
Concurrences
(3)
pp. 12-26.
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Abstract
Article 5 of the Damages Directive requires Member States to enable courts to order disclosure of evidence under certain qualifying conditions, while protecting the rights of parties and third parties, in particular confidential information. This is an area in which common law jurisdictions and civil law jurisdictions tend to differ substantially. The contributions discuss how the Member States have implemented the provisions in the Damages Directive on disclosure, and to what extent the Damages Directive will result in a harmonisation of the practice in the courts in the Member States.
Type: | Article |
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Title: | Disclosure of documents that lie in the control of the parties (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017) |
Open access status: | An open access version is available from UCL Discovery |
Publisher version: | https://www.concurrences.com/en/review/issues/no-3... |
Language: | English |
Additional information: | This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions. |
Keywords: | European Union, France, Germany, Italy, Netherlands, United Kingdom, Procedures, Burden of proof, Access to information, Business secrets, Principle of proportionality, Cartel, Sanctions / Fines / Penalties, Damages |
UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
URI: | https://discovery-pp.ucl.ac.uk/id/eprint/1571011 |
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