Product Liability 2009 - Arnold & Porter LLP

Albania
60
Tonucci & Partners Albania
Procedural Code and specifically: a) the parties involved; b) the
decision against which the appeal is being made; c) the reasons for
which an appeal is being made; and d) what is being sought in the
appeal.
4.8 Does the court appoint experts to assist it in considering
technical issues and, if not, may the parties present expert
evidence? Are there any restrictions on the nature or
extent of that evidence?
The court may appoint experts to assist it in considering technical
issues while the parties are also entitled to present expert evidence
in case they consider it necessary to support their case (Article 225
of the Albanian civil procedure code).
4.9 Are factual or expert witnesses required to present
themselves for pre-trial deposition and are witness
statements/expert reports exchanged prior to trial?
There are no pre-trial factual or expert witness requirements under
the Albanian legislation.
4.10 What obligations to disclose documentary evidence arise
either before court proceedings are commenced or as part
of the pre-trial procedures?
Under Article 204 of the Albanian legislation, the claimant, before
presenting the claim, can make a request for an interlocutory
injunction to the court in cases when there are reasonable conditions
to believe that the execution of the decision at the end of the process
will be difficult or impossible. In order to obtain such the
interlocutory injunction, the claimant must provide documentary
evidence of his title and of the infringement performed by the
counterpart. In case the action is found grounded and upon the
claimant’s request, the competent judiciary authority may decide, at
its discretion, to adopt an interlocutory injunction. Hence, the
competent judiciary authority would require the accomplishment of
two conditions a) provision of due written evidence and b) the
claimant should give a guarantee for any possible damages that the
defendant might suffer in case of the execution of interlocutory
injunction.
4.11 Are alternative methods of dispute resolution available e.g.
mediation, arbitration?
Under the Albanian legislation the parties are free to pursue with the
alternative methods or extra judiciary dispute resolution such as the
mediation (Article 973 and following of the ACC) and arbitration
(Article 400 and following of the Albanian Civil Procedure Code).
5 Time Limits
5.1 Are there any time limits on bringing or issuing
proceedings?
Under Article 634 of the ACC, the right to issue court proceedings
regarding the product liability against the producer are prescribed
within a period of three years from the date in which the person
suffering the damage has had or should have had information on the
damage, the defects and the identity of the producer.
5.2 If so, please explain what these are. Do they vary
depending on whether the liability is fault based or strict?
Does the age or condition of the claimant affect the
calculation of any time limits and does the Court have a
discretion to disapply time limits?
The principle as per question 5.1 above does not depend on the
nature of the liability or the condition of the claimant. However, in
case of claims of juveniles and other persons having no legal
capacity to act, the above term is suspended until six months after
the appointment of a legal representative to these persons or after
they obtain legal capacity to act (Article 129 of the ACC). The
Albanian courts do not have discretion to disapply the time limits
provided by the statutory provisions.
5.3 To what extent, if at all, do issues of concealment or fraud
affect the running of any time limit?
There are no provisions regulating the nexus between the subjective
actions of the producer (such as acts of concealment and fraud) and
the prescription period since the latter is related to the moment in
which the injured part has had or should have had information on
damage, defects and the identity of the producer.
6 Remedies
6.1 What remedies are available e.g. monetary compensation,
injunctive/declaratory relief?
In principle, the Albanian courts are entitled to award to claimants,
pursuant to a successful judicial process, either monetary
compensation and/or injunctive relief.
6.2 What types of damage are recoverable e.g. damage to the
product itself, bodily injury, mental damage, damage to
property?
Under the Albanian legislation the injured party can recover
monetary damages constituted by the damage suffered and profit
lost. The damage suffered can be represented by the damages to the
product itself, damage to health or damage to property (Article 640
and following of the ACC).
6.3 Can damages be recovered in respect of the cost of
medical monitoring (e.g. covering the cost of investigations
or tests) in circumstances where the product has not yet
malfunctioned and caused injury, but it may do so in
future?
The above circumstance is not regulated under the Albanian legislation.
6.4 Are punitive damages recoverable? If so, are there any
restrictions?
There are no punitive damages awarded under the Albanian
legislation.
6.5 Is there a maximum limit on the damages recoverable
from one manufacturer e.g. for a series of claims arising
from one incident or accident?
There are no maximum limits on the damages recoverable from one
manufacturer.
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