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

Posted: 21 Mar 2016 Last revised: 17 Jul 2018

See all articles by Erdem Büyüksagis

Erdem Büyüksagis

Ina Ebert

Munich Re

Duncan Fairgrieve

British Institute of International and Comparative Law

Lotte Meurkens

Maastricht University

Francesco Quarta

University of Bologna

Date Written: March 19, 2016

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 priority in conflict with the principles of European law.

Keywords: punitive damages awards, compensatory damages awards, European tort law

JEL Classification: K10, K13

Suggested Citation

Büyüksagis, Erdem and Ebert, Ina and Fairgrieve, Duncan and Meurkens, Lotte and Quarta, Francesco, Punitive Damages in Europe and Plea for the Recognition of Legal Pluralism (March 19, 2016). European Business Law Review, Vol. 27, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2751329

Ina Ebert

Munich Re ( email )

Königinstr. 107
Munich, 80802
Germany

Duncan Fairgrieve

British Institute of International and Comparative Law ( email )

Charles Clore House
17 Russell Square
London WC1B 5JP
United Kingdom

Lotte Meurkens

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

No contact information is available for Erdem Büyüksagis

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
439
PlumX Metrics