Disclosure of documents that lie in the control of the parties (implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

Article 5 of the Damages Directive requires Member States to enable courts to order disclosure of evidence under certain qualifying conditions, while protecting the rights of parties and third parties, in particular confidential information. This is an area in which common law jurisdictions and civil law jurisdictions tend to differ substantially. The contributions discuss how the Member States have implemented the provisions in the Damages Directive on disclosure, and to what extent the Damages Directive will result in a harmonisation of the practice in the courts in the Member States.