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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)

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. Green open access

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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
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.ucl.ac.uk/id/eprint/1571011
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