Damages Liability for Non-material Harm in EU Case Law

This article analyses EU case law concerning damages liability for non-material harm. The focus here is on recent case law, most of which concerns EU liability. The contribution first provides an overview of cases that deal with non-material damage. Secondly, it explores important themes that emerge from the case law, such as the necessity of monetary reparation, the conditions for harm and causation, and the amounts of compensation granted. Particular attention is paid to the topical notion of reputational harm. Claims concerning damage to reputation or image have frequently emerged in EU liability cases, but compensation has not been readily awarded. The European Court of Justice has, however, relatively recently upheld a decision awarding damages for unjustified and prolonged inclusion on a “sanctions list” (Safa Nicu (C-45/15 P)). The problem of distinguishing between non-material and economic harm under EU law is also discussed.