CHAPTER II

DISCLOSURE OF EVIDENCE

Penalties
Article 8
1
Member States shall ensure that national courts are able effectively to impose penalties on parties, third parties and their legal representatives in the event of any of the following:
a
their failure or refusal to comply with the disclosure order of any national court;
b
their destruction of relevant evidence;
c
their failure or refusal to comply with the obligations imposed by a national court order protecting confidential information;
d
their breach of the limits on the use of evidence provided for in this Chapter.
2
Member States shall ensure that the penalties that can be imposed by national courts are effective, proportionate and dissuasive. The penalties available to national courts shall include, with regard to the behaviour of a party to proceedings for an action for damages, the possibility to draw adverse inferences, such as presuming the relevant issue to be proven or dismissing claims and defences in whole or in part, and the possibility to order the payment of costs.