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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



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.


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