El acceso a las fuentes probatorias de los arts. 283 bis LEC

Identifier:  TDX:4557

Handle: https://hdl.handle.net/20.500.11797/TDX4557

Authors:  Fuguet Carles, Xènia

Abstract:
Access to evidentiary sources is undoubtedly part of the essential content of the right to effective judicial protection, for all those harmed by infringements of competition law, such as, among others, cartels. Since the entry into force of the regulatory reform carried out by Royal Decree-Law 9/2017, thousands of lawsuits seeking damages for antitrust violations have been processed and continue to be filed in our courts of justice, which must face the context of litigation. mass. The arts. 283 bis a) to 283 bis k) LEC regulate access to sources of evidence in procedures for claiming damages for infringement of competition law, with the aim of offering better protection to individuals. Specifically, this procedural instrument may facilitate the display of information to injured parties who request it, in order to alleviate the burden that falls on them to prove the existence of the damages suffered and their quantification, since it must be taken into account that the exercise This type of action is usually complex, because the evidence needed to substantiate the claims of the injured party/plaintiff is usually in the possession of the opposing party or third parties, or is not even sufficiently known by the injured party.