Europa 1. Financial and non-financial loss suffered by a natural person following an accident involving that person in the course of works carried out for the account of the European Atomic Energy Community on a building situated in a Member State must, under the second paragraph of Article 188 of the EAEC Treaty, be assessed and made good in accordance with the general principles common to the laws of the Member States.
Although national law does not apply, compensation in respect of financial loss may be calculated by reference to the capitalization coefficient corresponding to natural life expectancy and to the rate of deduction to take account of active life expectancy on the basis of the statistical information available in the Member State concerned.
With regard to non-financial loss incurred by the victim, which includes all physical or mental suffering, the Court may grant a lump-sum amount assessed in the light of the injuries suffered and their sequelae.
2. In connection with the compensation payable in respect of loss and intended to restore as far as possible the financial position of the victim of an accident inflation subsequent to the event occasioning loss must be taken into account. The amount of compensation adjusted to take account of inflation bears interest for delayed payment at the annual rate of 8% with effect from the date of the Court’ s judgment until actual payment.
Citations:
C-308/87
Jurisdiction:
European
European
Updated: 11 July 2022; Ref: scu.134731
