Traduction de «dommages-intérêts pour préjudice réel » (Français → Anglais) :

the horizontal framework should cover compensation only for the actual damage caused, and punitive damages must be prohibited; by virtue of the concept of compensation the damages awarded must be distributed to individual victims in proportion to the harm they sustained individually; by and large, contingency fees are unknown in Europe and should not form part of the mandatory horizontal framework; Access to evidence

10. Asks that only a clearly delimited group of people must be allowed to take part in collective actions, and that the identification of the members of that group in the case of collective opt-in claim and the identification in the case of representative actions brought by qualified entities that where designated in advance or authorised ad hoc must take place within a clear period of time without unnecessary delay while respecting existing legislation that provides for a later date; stresses that only the damage actually suffered should be compensated; notes that in the case of a successful claim the compensation sought must be paid to the identified group of people or their nominee and that the qualified entity may only ever be compens ...[+++]ated for the costs it has incurred in the course of pursuing the claim and may not either directly or indirectly be a nominee for receipt of damages;

1. Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

The actual level of liability, the scope of claims, and liability for injuries are defined in national law.

15. Emphasises that payments awarded to complainants should be compensatory and should not exceed the actual damage (damnum emergens) and losses ('lucrum cessans') suffered, in order to avoid unjust enrichment, and that the ability of the victim to mitigate the damage and losses may be taken into account; however in the case of cartels, suggests that it should be possible to award compensation of double the amount of damages on a discretionary basis, that first applicants cooperating with the competition authorities in leniency programmes should not be held jointly and severally liable with the other infringers, and that interest should ...[+++] be calculated from the date of the infringement;

With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder.