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Article 19 › 3

By way of derogation from paragraph 2, Member States shall ensure that where the non-settling co-infringers cannot pay the damages that correspond to the remaining claim of the settling injured party, the settling injured party may exercise the remaining claim against the settling co-infringer. The derogation referred to in the first subparagraph may be expressly excluded under the terms of the consensual settlement.

National law under this provision

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Source: EUR-Lex CELLAR · retrieved 2026-08-27