Affiliation:
1. Silesian University in Opava, Czech Republic
2. Mendel University in Brno, Czech Republic
Abstract
This article examines the recognition and compensation of non-material damage to
legal entities by the Court of Justice of the European Union (CJEU) and the European Court
of Human Rights (ECHR). Both courts acknowledge the moral dimension of legal entities,
addressing non-material damage that is inherently intertwined with these entities and
challenging to quantify. While neither court provides a precise definition of non-material
damage, this ambiguity enables adaptable interpretations tailored to specific cases. The
absence of a comprehensive definition results in a lack of a singular criterion for determining
compensation amounts, given the multifaceted nature of non-material damage encompassing
subjective and objective elements. Legal entities primarily seek compensation for harm to
goodwill and associated intellectual property issues, as well as the frustration stemming from
prolonged legal proceedings. The divergence between the CJEU and ECHR becomes evident
in the awarded compensation, with the latter typically granting amounts four times smaller.
This discrepancy can be attributed to the CJEU's focus on economic competition-related
claims involving substantial sums. Notably, the analysis of court decisions reveals an
escalating trend in cases related to non-material damage compensation for legal entities,
particularly since 2010.
Publisher
Bucharest University of Economic Studies
Subject
Law,Political Science and International Relations,Public Administration,Education
Cited by
3 articles.
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