Convention on Third Party Liability in the field of Nuclear Energy:artikel 8

Convention on Third Party Liability in the field of Nuclear Energy

Article 8

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

a)

The right of compensation under this Convention shall be subject to prescription or extinction if an action is not brought,

(i)

with respect to loss of life and personal injury, within thirty years from the date of the nuclear incident;

(ii)

with respect to other nuclear damage, within ten years from the date of the nuclear incident.

b)

National legislation may, however, establish a period longer than that set out in sub-paragraph (i) or (ii) of paragraph a) of this Article, if measures have been taken by the Contracting Party within whose territory the nuclear installation of the operator liable is situated to cover the liability of that operator in respect of any actions for compensation begun after the expiry of the period set out in sub-paragraph (i) or (ii) of paragraph a) of this Article and during such longer period.

c)

If, however, a longer period is established in accordance with paragraph b) of this Article, an action for compensation brought within such period shall in no case affect the right of compensation under this Convention of any person who has brought an action against the operator,

(i)

within a thirty year period in respect of personal injury or loss of life;

(ii)

within a ten year period in respect of all other nuclear damage.

d)

National legislation may establish a period of not less than three years for the prescription or extinction of rights of compensation under the Convention, determined from the date at which the person suffering nuclear damage had knowledge, or from the date at which that person ought reasonably to have known of both the nuclear damage and the operator liable, provided that the periods established pursuant to paragraphs a) and b) of this Article shall not be exceeded.

e)

Where the provisions of Article 13 f) (ii) are applicable, the right of compensation shall not, however, be subject to prescription or extinction if, within the time provided for in paragraphs a), b) and d) of this Article,

(i)

prior to the determination by the Tribunal referred to in Article 17, an action has been brought before any of the courts from which the Tribunal can choose; if the Tribunal determines that the competent court is a court other than that before which such action has already been brought, it may fix a date by which such action has to be brought before the competent court so determined; or

(ii)

a request has been made to a Contracting Party concerned to initiate a determination by the Tribunal of the competent court pursuant to Article 13 f) (ii) and an action is brought subsequent to such determination within such time as may be fixed by the Tribunal.

f)

Unless national law provides to the contrary, any person suffering nuclear damage caused by a nuclear incident who has brought an action for compensation within the period provided for in this Article may amend his claim in respect of any aggravation of the nuclear damage after the expiry of such period, provided that final judgement has not been entered by the competent court.

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