Traduction de «Dommages-intérêts pour préjudice moral » (Français → Anglais) :

The annulment of the Commission’s decision to exclude the existence of harm arising from the delay taken by the Commission to establish the occupational origin of the applicant’s sickness and to pay her only the amount of EUR 2 000 as compensation for the uncertainty as regards recognition of the occupational origin of her illness and the claim for damages for the non-material harm allegedly suffered.

The annulment of the decision of the executive director of the European Insurance and Occupational Pensions Authority (EIOPA) which withdrew a previous decision appointing the applicant as a temporary member of staff at grade AD 8 and the claim for damages for the material and non-material damage allegedly suffered.

15. Emphasises that payments awarded to complainants should be compensatory and should not exceed the actual damage (damnum emergens) and losses ('lucrum cessans') suffered, in order to avoid unjust enrichment, and that the ability of the victim to mitigate the damage and losses may be taken into account; however in the case of cartels, suggests that it should be possible to award compensation of double the amount of damages on a discretionary basis, that first applicants cooperating with the competition authorities in leniency programmes should not be held jointly and severally liable with the other infringers, and that interest should ...[+++] be calculated from the date of the infringement;

This, together with the level of damages sought for purely moral damage and the fact that the complainant has refrained from pursuing his claim against the other defendants (including the editor of the magazine and the journalist responsible for the article), suggests that the true aim of the prosecution is to 'punish' Mr Sakellariou for expressing his views and not simply to defend the complainant's reputation.

With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder.

(26) With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder.