Traduction de «ouvrir droit à des dommages-intérêts » (Français → Anglais) :

be actionable

compensation (amount of - payable for the act of expropriation)

entitlement to damages | right to compensation | right to damages | right to reparation

1. Member States shall ensure that neither the burden nor the standard of proof required for the quantification of harm renders the exercise of the right to damages practically impossible or excessively difficult.

1. Member States shall ensure that neither the burden nor the standard of proof required for the quantification of harm renders the exercise of the right to damages practically impossible or excessively difficult.

Claims falling into this category are granted in Article 44 of the draft Community patent regulation awarding e.g. claims for damages of the holder of the Community patent in particular in the case of an infringement of a Community patent but also claims of third parties against the right holder where the latter has unduly exercised his rights and caused prejudice to those parties. Finally, in the context of the Commission proposal for a Council decision establishing the Community Patent Court and concerning appeals before the Court of First Instance, a claim for compensation for injuries caused by provisional or evidence-protection meas ...[+++]ures is foreseen.

As long as measures and arrangements emerging from criminal mediation and settlement procedures require the offender to compensate for the damage or pay the victim damages, the question arises whether they can be treated as equivalent to agreements covered by civil law, with the consequence that their recognition in other Member States would be governed by the rules described in the Green Paper of 19 April 2002 on alternative dispute resolution in civil and commercial law.