Traduction de «Requête du défendeur » (Français → Anglais) :

(2) If any part of the damages awarded against a responsible defendant or third party is uncollectable, the court may, on the application of the plaintiff, reallocate that amount to the other responsible defendants or third parties, if the application is made within one year after the date that the judgment was made enforceable.

1. Member States shall ensure that in proceedings relating to an action for damages in the Union upon request of a claimant who has presented a reasoned justification containing reasonably available facts and evidence sufficient to support the plausibility of its claim for damages, national courts are able to order the defendant or a third party to disclose relevant evidence which lies in their control , subject to the conditions set out in this Chapter.

In granting the applicants’ request, the Riga District Court has also considered that ‘[a]s the defendant is a Member of the European Parliament (.) the defendant has the material means to materially compensate the applicants for the non-material damage which has been caused to them’.

7. Notes that achieving a once-and-for-all settlement for defendants is desirable to reduce uncertainty and exaggerated economic effects that are capable of impacting on employees, suppliers, subcontractors and other innocent parties; calls for an evaluation and a possible introduction of an out-of-court settlement procedure for mass claims that can either be initiated by the parties before taking legal action or that can be ordered by the court before which an action is brought; considers that such a settlement procedure should aim for an out-of-court settlement of the dispute, subject to seeking judicial approval of a settlement agreement, which can be declared binding upon all the victims who have participated in the settlement procedu ...[+++]re; stresses that such a procedure must neither entail an undue prolongation of proceedings, nor promote the unfair settlement of claims; calls for the Commission to seek ways of achieving greater certainty including evaluating whether any subsequent claimants should, in principle, be expected to benefit from no more than the outcome of such a settlement procedure;

4. Is of the opinion that the application for such an order should be set for hearing within a reasonable time, so as to give the respondent the right to be heard and to enable the court to re-evaluate the situation and decide accordingly, and that notice should be given to the respondent by the bank and by the court as well; considers that the practical difficulties with regard to service of an attachment order, the authenticity of the order and its speedy service on the bank could be addressed by the use of modern communications technology; takes the view that the costs should in the first instance be borne by the applicant, who coul ...[+++]d finally recover them from the respondent in the event that he succeeds in his court action;

7. In the event of opposition to an order of attachment of bank accounts or of an application for annulment of such an order by the respondent, the same principles applicable to the issue of the order, including that of urgency, should apply as far as the respondent is concerned;