Osservazioni sul risarcimento del danno morale nella prospettiva europea

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Abstract

According to a recent sequence of judgments by the Italian‘Corte di Cassazione’, “non-material damage” must be interpretedas also encompassing the mental distress caused by injury,inasmuch as this kind of loss could be seen as a violationof human dignity, which is a legal interest protected by bothart. 2 of the Italian Constitution and art. 1 of the EU Charterof Fundamental Rights.The essay, after having reconstructed the recent Italian caselaw following the 2008 judgments of the ‘Sezioni Unite’ of the‘Corte di Cassazione’, enquires into what – in the Europeanperspective – can be viewed as compensable “non-materialdamage”. In particular, the Author looks at two main issues:1) the boundaries, if any, fixed by EU legislation – as interpretedby the EU Court of Justice – on the recovery of “nonmaterialdamage”; 2) the refusal to countenance – as far as regardsnegligence – grief, sorrow, anxiety, distress or any othernormal emotion as recoverable damages in the two main EuropeanProjects regarding tortious liability, namely the Principlesof European Tort Law and the Principles of EuropeanLaw - Non-contractual liability arising out of damage causedto another.
Original languageItalian
Pages (from-to)637-668
Number of pages32
JournalARCHIVIO GIURIDICO FILIPPO SERAFINI
VolumeCCXXXV
Publication statusPublished - 2015

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