Traduction de «Moyen de défense opposable à la responsabilité stricte » (Français → Anglais) :

Public law regimes generally specify fewer defences; some include none at all; they do not generally limit strict liability to listed activities but they usually hold responsible parties strictly liable regardless of the nature of their activity; they have wider definitions of the liable party and might cover historic damage.

The scope and effectiveness of a strict liability regime very much depend on the nature and extent of the defences allowed.

These exceptions should not be admitted as defences, thus restricting the scope of the liability regime.

2. The decision shall not, save in cases of urgency, be taken by the administrative authority until an opinion has been delivered by a competent authority in the host Member State other than the authority qualified to take the decision referred to in paragraph 1, before which the person concerned shall be allowed, at their request, to put their case in person, unless this is contrary to considerations of State security, or to be assisted or represented in the proceedings in the manner provided for in national legislation.

The effectiveness of a liability regime depends not only on the basic character of the regime but also on such elements as the allowed defences and the division of the burden of proof.

Whereas an investment firm authorized in its home Member State may carry on business throughout the Community by whatever means it deems appropriate; whereas, to that end it may, if it deems it necessary, retain tied agents to receive and transmit orders for its account and under its full and unconditional responsibility; whereas, in these circumstances, such agents' business must be regarded as that of the firm; whereas, moreover, this Directive does not prevent a home Member State from making the status of such agents subject to special requirements; whereas should the investment firm carry on cross-border business, the host Member ...[+++] State must treat those agents as being the firm itself; whereas, moreover, the door-to-door selling of transferable securities should not be covered by this Directive and the regulation thereof should remain a matter for national provisions;