June 2011

Dear Readers,

It’s hard to believe that the first half of 2011 is nearly over. Hopefully the year has treated you well so far. With certain projects that have been undertaken, such as our 10th International Conference in Dresden, we have already had a successful year to date. Other projects are in the pipeline as we approach the well deserved summer holidays.

Despite the current economy, we believe that now is a great time to publish our next edition of Interiura News.

The topics of this edition are:

• INTERIURA conference: Removing the borders in cross-border claims;
• Rules and practices for reimbursement of legal costs in France;
• The 130 % allowance in the case of vehicle damage;
• Protection of the ‘vulnerable road-user’ in the Netherlands.

Before you begin what we hope you will find to be a diverting and interesting read, the whole CED/INTERIURA Team wishes you a fun and relaxing summer.

Kind regards,

Thomas Bungard

INTERIURA conference: Removing the borders in cross-border claims
The tenth annual international INTERIURA conference was held on 12 May 2011. Over 90 international participants from 22 European countries gathered for the conference in Dresden, Germany. The theme of the conference “Removing the borders in cross-border claims”, was addressed by the international speakers from various different angles. (more...)

Rules and practices for reimbursement of legal costs in France
The claimants do not pay their solicitors because they are all citizens who contribute fiscally to the cost of the Justice System. However, if the Judges are employees paid by the State, all trials entail other costs. All added together, the sums tend to be rather high. In the end, who will bear the costs? Should the winning party obtain a share at its own expense due to the risks of legal action? In fact, the sovereign discretion of the Judge is at the centre of this system, especially since setting the attorneys' fees is not addressed by law. (more...)

The 130 % allowance in the case of vehicle damage
There are exceptional regulations in place uniquely in Germany that specify the maximum amount a claimant may be reimbursed for vehicle damage. Whilst in many countries the amount reimbursed is limited merely to the replacement value, according to German law a claimant can, under certain circumstances, be reimbursed for repair costs up to 130 % of the replacement value. (more...)

Protection of the ‘vulnerable road-user’ in the Netherlands
As is the case in most countries, in the Netherlands cyclists or pedestrians, as ‘vulnerable’ road-users, are afforded special protection in accordance with article 185 of the Road Traffic Law (WVW). Without wishing to go into too much detail, we would like to give you some insight into the legal position. (more...)