Unión Europea
Albania
Observancia de los derechos de propiedad intelectual
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
The Code of Civil Procedure constitutes the right of any person, according to the law, to claim compensation of costs and damages caused by the infringer. Under Article 106 it is stated among others: In its final decision, the Court charges the party whose lawsuit has been dropped, to pay the judicial expenses in conformity with Article 102 of this Code including the payment for one advocate. Under Implementing Provisions on the Customs Code, Point 120.4 and 119.4 it is stated that "the plaintiff is obliged to forward payment of all eventual charges related to the warehousing of the goods and is responsible for any damage caused to the defendant/ importer or a third party".