Translation of "collecte d'éléments de preuve " (French → English) :

collective claimants must not be in a better position than individual claimants with regard to access to evidence from the defendant, and each claimant must provide evidence for his claim; an obligation to disclose documents to the claimants (‘discovery’) is mostly unknown in Europe and must not form part of the horizontal framework; Loser pays principle

Appeals — Pleas in law — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the General Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Obligation of the Civil Service Tribunal to state the reasons for its assessment of the evidence — Scope

Appeals — Pleas in law — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the General Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Obligation of the Civil Service Tribunal to state the reasons for its assessment of the evidence — Scope

12. Observes that some prima facie assessment of the merits of a collective action should form a preliminary stage and stresses that claimants in collective redress actions must not be in a better or worse position than individual claimants; calls for the application in the context of collective redress mechanisms of the principle that the party bringing the claim must provide evidence for their claim, provided the applicable national law does not provide for any lightening of the burden of proof or ease access to information and evidence held by the defendant;

18. As well as the collection of evidence in the context of financial investigations (cf. section 2.3.2.), capturing, safeguarding and exchanging electronic evidence is an increasingly relevant issue to be addressed shortly by the Commission as requested by the European Council of 16/17.12.2004.[17]

1. Member States shall ensure that, on application by a party which has presented reasonably available evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence which lies in the control of the opposing party, the competent judicial authorities may order that such evidence be presented by the opposing party, subject to the protection of confidential information.