FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

International law on liability

BA

1

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Damage

2

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Hungary

Baia Mare

Yugoslavia

3

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Damage

Kiev-Protocol

4

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Contained use of organisms Release of organisms into

the environment

Release for experimental purposes with genetically

modified organisms(field trials)

Marketedgenetically modified

organisms (seeds, commodities)

5

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Contained use of organisms

field trials

6

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

organic farmer

GMO-FarmerGMO-Farmer

GMO-Farmer

GMO-Farmer

GMO-Farmer

GMO-Farmer

7

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Council Regulation (EC) No 44/2001 of 22 December on jurisdiction and the recognition and enforcement of Judgements in civil and commercial matters

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

In the courts for thePlace where the harmful

event occurred(Art. 5/3 Lu)

In the courts where thedamaging act or

omission was caused

( ART 2/1 Lu)

Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention)

Choice of courts:

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention)

CH

D

F

I

A

Lie

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Applicable Law

is governed by the relevant Code on Private InternationalLaw of each State

Germany: EGBGB 1986 art. 40 – 44Austria : LDIP 1978 art. 35 and 48Italy : LDIP 1995 art. 62-63Liechtenstein: LDIP 1996 art. 39 and 52France: jurisprudenceSwitzerland : CPIL 1987 art. 138

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Art. 138 Swiss CPIL

e. Nuisances

Claims arising from nuisances emanating from real property shall be governed at the option of the injured party by the law of the State in which the real property is located or by the law of the State in which the effects of the nuisances occur.

Choice of law

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

Austria: law of the State where the damage occurred

Germany and Italy and Switzerland: choice of law

France: The law which is the nearest to the damage.

Liechtenstein: The law of the State where the damaging act was caused.

Choice of law

FOEN Swiss Federal Office for the Environment Regional Workshop aimed at Identifying the problems faced by countries in the Central and Eastern European Region with respect to the Basel Liability ProtocolWarsaw, Poland , 18-20 January 2006

Regulations on liability under other MEAs

1. Choice of Court according to the Lugano Treaty

2. Choice of Law according to the relevant domestic Code on International Private Law.

3. The judgement will be mutually recognized and enforced.

Summary