Punitive Damages in Europe and Plea for the Recognition of Legal Pluralism

Abstract

This multi-author article aims to demonstrate that, despite the traditional understanding that tort law should serve the sole purpose of remedying the harm caused as precisely as possible, there are growing indications in several continental European legal systems that damages awards are not entirely immune from extra-compensatory, punitive features. This is evident particularly with regard to moral damages, to ‘compensation’ for the violation of privacy rights and of intellectual property rights. Moreover, statutory civil sanctions, conceived of as alternatives to criminal and administrative penalties, are increasingly being adopted by national legislatures to deter anti-social behaviour. Based upon scholarly work and case law from different European jurisdictions, the authors argue that extra-compensatory damages are frequently applied by national judges, albeit not always in an overt manner, and that such a phenomenon should not be deemed a priori in conflict with the principles of European law.

Compensation for moral harm caused to a legal entity – does the new Polish Supreme Court resolution of 2023 provide a remedy for the Polish legal system? Some critical remarks in a comparative perspective

“…3 The problem of granting compensation for moral damage (non-pecuniary damage) caused to legal entities is difficult and complex, as it concerns not only tort law, but also commercial and constitutional law, and to some extent human rights. 4 It might seem that the case Comingersoll SA v Portugal (35382/97) heard by The European Court of Human Rights (ECHR) opened up the possibility for legal persons to seek redress for moral harm, as it is believed that the European Convention on Human Rights is "a living instrument" and, as such, must be adapted to current conditions. 5 The tendency to follow the rules established by ECHR can be observed in foreign case law.…”