Damages Liability for Non-material Harm in EU Case Law

Tutkimustuotos: ArtikkelijulkaisuArtikkeliTieteellinenvertaisarvioitu

Kuvaus

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.
Alkuperäiskielienglanti
LehtiEuropean law review
Vuosikerta44
Sivut492-514
ISSN0307-5400
TilaJulkaistu - elokuuta 2019
OKM-julkaisutyyppiA1 Alkuperäisartikkeli tieteellisessä aikakauslehdessä, vertaisarvioitu

Tieteenalat

  • 513 Oikeustiede

Lainaa tätä

@article{26e6e643723d43d0bfbd9a03770942b0,
title = "Damages Liability for Non-material Harm in EU Case Law",
abstract = "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.",
keywords = "513 Law, Non-material harm, Non-pecuniary damage, Reputation, Image, Causation, CJEU, EU law",
author = "Havu, {Katri Annikki}",
year = "2019",
month = "8",
language = "English",
volume = "44",
pages = "492--514",
journal = "European law review",
issn = "0307-5400",
publisher = "Sweet & maxwell",

}

Damages Liability for Non-material Harm in EU Case Law. / Havu, Katri Annikki.

julkaisussa: European law review, Vuosikerta 44, 08.2019, s. 492-514.

Tutkimustuotos: ArtikkelijulkaisuArtikkeliTieteellinenvertaisarvioitu

TY - JOUR

T1 - Damages Liability for Non-material Harm in EU Case Law

AU - Havu, Katri Annikki

PY - 2019/8

Y1 - 2019/8

N2 - 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.

AB - 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.

KW - 513 Law

KW - Non-material harm

KW - Non-pecuniary damage

KW - Reputation

KW - Image

KW - Causation

KW - CJEU

KW - EU law

M3 - Article

VL - 44

SP - 492

EP - 514

JO - European law review

JF - European law review

SN - 0307-5400

ER -