1. Limitation Periods The PEOPIL proposal

2. The problem - Length of limitation periods
- Commencement of running time
- Concept of the ‘date of knowledge’ of the person injured
- Discretionary power of the courts to extend the commencement of the limitation
- Period byond the date on which accident happened
- Commencement of running time for disabled and minors
- Ability and way to stop or interrupt the running of limitation
burden of proof and evidence governing the expiry of limitation defense

3. Practical dimension of the problem
Negative effects on victims
delay & unnecessary distress
Need to issue court proceedings
Delay in obtaining interim payments for re
Right to compensation denied to victim

4. Practical dimension of the problem
Negative effects on insurance companies
Increase in litigation costs

5. PEOPIL Proposal 2004 clear set of rules for limitation periods in:
cross border cases
primary and secundary victims

6. PEOPIL proposal general limitation period: 4 years
longer limitation period: if proper law has longer period

7. PEOPIL proposal beginning of limitation period (art 8-12)
suspension (art 13-15)
interruption (art 16-17)
minors and disabled persons (art 20-21)

8. What happened with the proposal
European Parliament initiative 2006
Stockholm program
Consultation paper EC cross border RTA 2009
Response PEOPIL: proposal limitation period in cross border accidents 2012

9. What problem?
Emperical evidence that limitation periode cause problems?
Financial and commercial interest?

10. The road ahead

11. Thank you for your attention