Proposal for a directive – amending act
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
4. The following Article 12a is inserted: 1. Member States shall take such measures as are necessary in accordance with their national judicial systems to ensure that when persons who consider that their rights under this Directive have been breached establish, before a court or other competent authority, facts from which it may be presumed that there has been such a breach, it shall be for the respondent to prove that there has been no breach of the Directive. Paragraph 1 shall not prevent the Member States from introducing rules of evidence which are more favourable to plaintiffs. Paragraph 1 shall not apply to criminal proceedings. Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case. Paragraphs 1 to 4 shall also apply to any legal proceedings commenced according to Article.deleted Article 12a Burden of proof