Damages Liability for Non-material Harm in EU Case Law

Katri Annikki Havu

Tutkimustuotos: Artikkelijulkaisu › Artikkeli › Tieteellinen › vertaisarvioitu

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

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Havu, Katri Annikki. / Damages Liability for Non-material Harm in EU Case Law. Julkaisussa: European law review. 2019 ; Vuosikerta 44. Sivut 492-514.
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Havu, KA 2019, 'Damages Liability for Non-material Harm in EU Case Law', European law review, Vuosikerta 44, Sivut 492-514.

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: Artikkelijulkaisu › Artikkeli › Tieteellinen › vertaisarvioitu

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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

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KW - Non-pecuniary damage

KW - Reputation

KW - Image

KW - Causation

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Havu KA. Damages Liability for Non-material Harm in EU Case Law. European law review. 2019 elo;44:492-514.