John Attard-Montalto (PSE). – The recommendation is not intended to substitute national legislation but to take into account when proceedings involve parties who reside or are domiciled in different countries of the European Union, or a party residing or domiciled in a non-community state, or a choice between the laws of different countries.

It is becoming essential for principles governing limitation periods to be laid down clearly in an appropriate form for claims to damages.

The general limitation period which is being proposed is four years, except where the proper law of the claim provides for a longer period. This general principle may cause problems, since the national legislation may cater for a shorter period, in which case there would be a discriminatory scenario when claims for damages arise between nationals or persons domiciled in the same state and when the issue relates to parties residing or domiciled in different states.

The same may be said for interruption, suspension and methods of calculating when the period limitation initiates.

Having stated the above it is better to have clear regulations for cross-border disputes which at the same time differ from national legislations. Perhaps the dilemma can start to be solved if national legislation is harmonised with the proposed regulations.