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Article 28

1. Member States shall ensure that natural persons who suffer damage to human health caused by a violation of the national rules transposing Article 19(1) to (5) and Article 20(1) and (2) of this Directive that has been committed intentionally or negligently by the competent authorities have the right to claim and obtain compensation for that damage. 2. Member States shall ensure that national rules and procedures relating to claims for compensation are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage pursuant to paragraph 1. 3. Member States may establish limitation periods for bringing actions for compensation as referred to in paragraph 1. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.