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A. B. International law on liability. 1. Damage. 2. Hungary. Baia Mare. Yugoslavia. 3. Kiev-Protocol. Damage. 4. Contained use of organisms. Release of organisms into the environment. Release for experimental purposes with genetically modified organisms (field trials).
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A B International law on liability 1
Damage 2
Hungary Baia Mare Yugoslavia 3
Kiev-Protocol Damage 4
Contained use of organisms Release of organisms into the environment Release for experimental purposes with genetically modified organisms (field trials) Marketed genetically modified organisms (seeds, commodities) 5
Contained use of organisms field trials 6
GMO-Farmer GMO-Farmer GMO-Farmer organic farmer GMO-Farmer GMO-Farmer GMO-Farmer 7
Council Regulation (EC) No 44/2001 of 22 December on jurisdiction and the recognition and enforcement of Judgements in civil and commercial matters
Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention) Choice of courts: In the courts where the damaging act or omission was caused ( ART 2/1 Lu) In the courts for the Place where the harmful event occurred (Art. 5/3 Lu)
Convention on jurisdiction and the enforcement of judgements in civil and commercial Matters (Lugano Convention) D Lie F CH A I
Applicable Law is governed by the relevant Code on Private International Law 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
Art. 138 Swiss CPIL e. NuisancesClaims 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
Choice of law Austria: law of the State where the damage occurred Germany and Italy and Switzerland: choice of lawFrance: The law which is the nearest to the damage.Liechtenstein: The law of the State where the damaging act was caused.
Summary • Choice of Court according to the Lugano Treaty • Choice of Law according to the relevant domestic Code on International Private Law. • The judgement will be mutually recognized and enforced.