Traduction de «engageant la responsabilité » (Français → Anglais) :

The Commission alleges that Italy has made it impossible for the State to be held liable for damage caused to individuals where the infringement of EU law comes about as a result of the way such a court has interpreted provisions of law or assessed the facts and evidence and that, in other cases, where the issue is not the interpretation of provisions of law or the assessment of facts and evidence, it has limited the cases where State liability can be incurred to those involving intentional fault or gross negligence.

3. Without prejudice to the financial responsibility of Member States in relation to any funding from the Structural and/or Cohesion Funds provided to an EGTC, no financial liability shall arise for Member States on account of this Regulation in relation to an EGTC of which they are not a member.

3. Without prejudice to the financial responsibility of Member States in relation to any funding from the Structural and/or Cohesion Funds provided to an EGTC, no financial liability shall arise for Member States on account of this Regulation in relation to an EGTC of which they are not a member.

The second liability regime applies to all professional activities, including those outside Annex III, but an operator will only be held liable if s/he was at fault or negligent and if s/he has caused damage to protected species and natural habitats protected at EU level under the 1992 Habitats and 1979 Birds Directives.

It calls on Member States, in the context of negotiations within IOPCF and the International Convention on Civil Liability for Oil Pollution Damage (CLC Convention), to support a further substantial increase in liability and compensation ceilings, and to consider possible amendments to the applicable rules in order to render parties other than shipowners liable, as well as the introduction of unlimited liability of shipowners in the event of severe or deliberate infringement of their safety obligations;

The Commission made a series of suggestions to help solve the problem of delays in giving effect to judgments of the Court of Justice, based on three ideas: - the possibility of financial penalties where effect is not given to a judgment; - more direct liability of a Member State towards the victims of infringements, the idea being that where the Court finds that an infringement has been committed it would have power to declare that the Member State is liable to compensate persons harmed by it; - promotion of anything which will help to strengthen cooperation between the Member States, Article 5 of the EEC Treaty being the basis.