Traduction de «Action d'indemniser » (Français → Anglais) :

Question No. 286 Ms. Megan Leslie: With regard to the Pre-1986/Post-1990 Hepatitis C Settlement Agreement administered by Crawford Class Action Services: (a) how many claims were approved for compensation under the Loss of Income and Dependants Fund; (b) what is the total amount Class Members are entitled to under the Loss of Income and Dependants Fund; (c) how many Class Members have had their payment under the Loss of Income and Dependants Fund withheld; (d) what is the total amount of these withheld payments; (e) how many claims under the Loss of Income and Dependants Fund remain to be processed; (f) what is the average compensat ...[+++]ion Class Members are entitled to under the Loss of Income and Dependants Fund; (g) how many claims were approved for compensation under the general compensation fund; (h) what is the total amount Class Members are entitled to under the general compensation fund; (i) how many Class Members have had their payment under the general compensation fund withheld; (j) what is the total amount of these withheld payments; (k) how many claims under the general compensation fund remain to be processed; (l) what is the average compensation Class Members are entitled to under the general compensation fund; (m) how many people did the government estimate they would have to compensate under the Loss of Income and Dependants Fund when the settlement agreement was signed; (n) what did they estimate the average claim under the Loss of Income and Dependants Fund would amount to; (o) how many people did the government estimate they would have to compensate under the general compensation fund when the settlement agreement was signed; (p) what did they estimate the average claim under the general compensation fund would amount to; (q) has Crawford Class Action Services advised the government that the Loss of Income and Dependants Fund would be insufficient to cover all approved claims and, if so, (i) when, (ii) by what amount did they indicate ...

Collective redress: in particular consumers and SMEs with small value claims need better access to justice and should have the possibility to regroup their claims and bring actions via suitable representatives.

Since the objective of facilitating access to compensation to victims of crimes of cross-border situations cannot be sufficiently achieved by the Member States because of the cross-border elements and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty.

(28) The compensation body should have a right of subrogation in so far as it has compensated the injured party; in order to facilitate enforcing the compensation body's claim against the insurance undertaking where it has failed to appoint a claims representative or is manifestly dilatory in settling a claim, the body providing compensation in the injured party's State should enjoy an automatic right of reimbursement with subrogation to the rights of the injured party on the part of the corresponding body in the State where the insurance undertaking is established; the latter body is the best placed to institute proceedings for recour ...[+++]se against the insurance undertaking.

the Directive would cover cases where compensation is sought in connection with accidents caused by vehicles registered and insured outside the victim's home Member State; victims of such accidents would have a right of direct action, i.e. the right to make a direct claim for compensation to the third-party-liability insurer of the person responsible for the accident; each insurer providing cover for motor-vehicle third-party liability would have to appoint a claims representative in each Member State in which the insurer is not established; if this condition were not met, authorisation to operate in this class of insurance would no ...[+++]t be granted by the home Member State, in accordance with the rules laid down in the third non-life insurance Directive (Directive 92/49/EEC); each Member State would have to establish a penalty system so as to ensure that the compensation procedure is carried out rapidly; each Member State would have to set up an information centre responsible for dealing with questions relating to identification of the insurer of the vehicle involved in the accident and, more generally, any question concerning motor vehicle insurance; each Member State would have to set up a compensation body for "visiting motorists" who are victims of car accidents.

Whereas, however, in the case of an accident caused by an uninsured vehicle, the victim is required in certain Member States to prove that the party liable is unable or refuses to pay compensation before he can claim on the body; whereas this body is better placed than the victim to bring an action against the party liable; whereas, therefore, this body should be prevented from being able to require that the victim, if he is to be compensated, should establish that the party liable is unable or refuses to pay;