Legal provisions of COM(2022)177 - Protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”) - Main contents
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dossier | COM(2022)177 - Protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic ... |
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document | COM(2022)177 ![]() |
date | April 11, 2024 |
Contents
- CHAPTER - I
- Article 1 - Subject matter
- Article 2 - Scope
- Article 3 - Definitions
- Article 4 - Matters with cross-border implications
- CHAPTER I - I
- Article 5 - Applications for procedural safeguards
- Article 6 - Subsequent amendment to claim or pleadings
- Article 7 - Third party intervention
- Article 8 - Security
- CHAPTER II - I
- Article 9 - Early dismissal
- Article 10 - Stay of the main proceedings
- Article 11 - Accelerated procedure
- Article 12 - Burden of proof
- Article 13 - Appeal
- CHAPTER I - V
- Article 14 - Award of costs
- Article 15 - Compensation of damages
- Article 16 - Penalties
- CHAPTER - V
- Article 17 - Grounds for refusal of recognition and enforcement of a third-country judgment
- Article 18 - Jurisdiction for actions against third-country judgments
- CHAPTER V - I
- Article 19 - Relations with the 2007 Lugano Convention
- Article 20 - Review
- Article 21 - Transposition into national law
- Article 22 - Entry into force
- Article 23 - Addressees
CHAPTER - I
General provisions
Article 1 - Subject matter
Article 2 - Scope
Article 3 - Definitions
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information on a matter of public interest, and preparatory, supporting or assisting action directly linked thereto. This includes complaints, petitions, administrative or judicial claims and participation in public hearings;
2. ‘matter of public interest’ means any matter which affects the public to such an extent that the public may legitimately take an interest in it, in areas such as:
(a)public health, safety, the environment, climate or enjoyment of fundamental rights;
(b)activities of a person or entity in the public eye or of public interest;
(c)matters under public consideration or review by a legislative, executive, or judicial body, or any other public official proceedings;
(d)allegations of corruption, fraud or criminality;
(e)activities aimed to fight disinformation;
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 prevent, restrict or penalize public participation. Indications of such a purpose can be:
(a)the disproportionate, excessive or unreasonable nature of the claim or part thereof;
(b)the existence of multiple proceedings initiated by the claimant or associated parties in relation to similar matters;
(c)intimidation, harassment or threats on the part of the claimant or his or her representatives.
Article 4 - Matters with cross-border implications
2. Where both parties to the proceedings are domiciled in the same Member State as the court seised, the matter shall also be considered to have cross-border implications if:
(a)the act of public participation concerning a matter of public interest against which court proceedings are initiated is relevant to more than one Member State, or
(b)the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State.
CHAPTER I - I
Common rules on procedural safeguards
Article 5 - Applications for procedural safeguards
(a)security in accordance with Article 8;
(b)early dismissal of manifestly unfounded court proceedings in accordance with Chapter III;
(c)remedies against abusive court proceedings in accordance with Chapter IV.
2. Such applications shall include:
(a)a description of the elements on which they are based;
(b)a description of the supporting evidence.
3. Member States may provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio.
Article 6 - Subsequent amendment to claim or pleadings
Article 7 - Third party intervention
Article 8 - Security
CHAPTER II - I
Early dismissal of manifestly unfounded court proceedings
Article 9 - Early dismissal
2. Member States may establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficult.
Article 10 - Stay of the main proceedings
Article 11 - Accelerated procedure
Article 12 - Burden of proof
Article 13 - Appeal
CHAPTER I - V
Remedies against abusive court proceedings
Article 14 - Award of costs
Article 15 - Compensation of damages
Article 16 - Penalties
CHAPTER - V
Protection against third-country judgments
Article 17 - Grounds for refusal of recognition and enforcement of a third-country judgment
Article 18 - Jurisdiction for actions against third-country judgments
CHAPTER V - I
Final provisions
Article 19 - Relations with the 2007 Lugano Convention
Article 20 - Review
Article 21 - Transposition into national law
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.