3 Amendments of Tiemo WÖLKEN related to 2022/0117(COD)
Amendment 148 #
Proposal for a directive
Recital 31
Recital 31
(31) Costs should include all costs of the proceedings, including the full costs of legal representation, including pre-trial costs incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.
Amendment 150 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Full compensation for damage should include both material and immaterial damage, such as physical and psychological harm. In order for the defendant to be able to claim damages easily and in a timely manner, it should be possible to seek damages in the same proceedings as those brought against the defendant, where appropriate through a counter claim. Material damages should include pre-trial costs, if they are not included in costs according to national laws or this directive. Pre-trial costs should also include necessary expenses incurred in respect of defending the person's rights against abusive claims, including lawyer fees, even if the claimant does not subsequently file a lawsuit.
Amendment 205 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are fully or partially unfounded and have as their main purpose to abusively prevent, restrict or penalize public participation. Indications of such a purpose can be: