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High Court of Cassation and Justice. Evaluating moral damages

The High Court of Cassation and Justice ruled that there is no law in either the Romanian legal system nor in the European Union to establish a concrete way to award  full compensation for moral damages. Therefore, the full and equitable compensation for moral damages can only be estimated by the non-economic aspect of the damages, impossible to quantify. The High Court established that, in order to quantify the moral prejudice, certain criteria must be satisfied, so that the judge can judiciously appreciate the amount of money awarded to the plaintiff.

In this particular case, the unlawful act of the defendant was constituted by public untruthful statement, id est, that the plaintiff was a corrupt lawyer and member of the Parliament. The High Court decided that the appellate court equitably awarded the plaintiff 10.000 lei in moral damages, given the impossibility to quantify the value of dignity, honor and reputation. (Decision no. 3806 of 7th November, 2013 rendered in appeal by Section II – Civil of the High Court of Cassation and Justice, seeking moral damages)

:: The source: JURIDICE.ro

Andreea BANU

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