1. General

In Greek law, damages are of a compensatory nature under the provisions of both contractual and tortuous law. Thus, the concepts of punitive (exemplary) as well as aggravated damages which exist in other jurisdictions may not be found in Greek legislation. The prevail­ing theory among Greek scholars and in the Greek jurisprudence is that the compensation to which a person who has suffered pecuniary damage is entitled consists of the difference between the value of his own property prior to and after the damage or injury occurred. To that extent, the whole property status of the specific plaintiff is taken into account for the assessment of the damages to be awarded to him.

Damages may be considered under the following basic categories: positive damage and loss of profit, present and future, direct and indirect damage, pecuniary and moral harm.

A person who "unlawfully and culpably" or "intentionally and in a manner contrary to good morals" has caused damage to another "shall be liable for compensation". Such compensation shall comprise "the decrease in the existing property", i.e. the positive damage of the person entitled thereto as well as his loss of profit. The latter is considered to be that which can be reasonably anticipated in the usual course of things or by reference to the special circumstances of the case.

Furthermore, compensation is in principle paid out in money and only in special circumstances may it be provided in natura. Moral harm, i.e. non pecuniary damage, is due only in limited cases provided for expressly by law.

The amount of compensation which is awarded to the plaintiff bears the lawful interest rate until the full discharge by the defendant of the sum adjudicated. Currently, and since 6 June 2003, the lawful interest rate with regard to legal interest and interest of default is 10% whereas the contractual interest rate may not exceed 8%. The date from which such interest will run may be either the date of issuance of the relevant judgment or even the day when the action of the claimant was served upon the defendant.

2. Pecuniary damages

"Pecuniary damages" are any decrease in the existing property of the person suffered, for example, a decrease of assets or increase of liabilities. The loss of profit is estimated on the grounds of causa adaequata that is taking into account the lost profit which could have been anticipated on general criteria at the time the damage occurred. Consequently, all damages suffered by the plaintiff shall be awarded to him, provided the prerequisites of law are satisfied, that is that such damages may be proven by him and are substantially connected with the tortuous act of the defendant. Only exceptionally shall the compen­sation awarded to the plaintiff be limited or even awarded on a reasonable basis.

Future damages are usually loss of profit, and therefore may be awarded according to the rules applicable to loss of profit adjudication. It is obvious that the calculation shall depend upon the proper evidence.

It is held that only the person who has been directly damaged may claim compensation, with the few exceptions mentioned below. This compensation however covers both his direct and indirect damages, provided there is an established causal link between such damages and the tortuous act.

3. Damages for moral harm

These may be awarded to the victim of a tortuous or even a solely unlawful act, independently of the compensation for pecuniary dam­age which may be adjudicated to him. Such reparation, however, shall be reasonable and the court has the power to evaluate the reasonability accordingly. According to the law, such damages shall apply especially in regard to a person who suffered harm in his health, honour or purity or who was deprived of his liberty. The claim for satisfaction for such harm is neither assignable nor inheritable unless it has been acknowledged by contract or an action on it has been in­itiated. However, the amounts of reparation which are awarded by courts under this claim are usually fairly low and they are always depending upon the seriousness of the damage caused to the plaintiff. In case of death the court may award monetary, reparation to the victim's family on account of their "moral suffering".

4. Death

In the case of a person's death, damages to be awarded by the court cover: all medical and nursing expenses incurred to prevent the fatal occurrence, and the funeral expenses of the victim. The person entitled to those damages is the one who "bears the same according to the law", that is the one who should provide financial maintenance to the victim as well as any third party. Moreover the person liable will compensate any person who was, according to the law, "entitled to receive an alimony or a performance of services by the victim" which usually encompasses the spouse and the close relatives of the deceased.

5. Injury to the body or health of a person

In case of such injury the compensation which may be adjudicated to the victim will include:

(a) his medical and nursing expenses;

(b) all his damage already occurred up to the time of the filing of his action i.e. both his positive damage and loss of profit up to that time;

(c) all his future damages taking into account the circumstances existing before the accident, such as the plaintiff's economic and professional standing, his social position and his personal habits; and

(d) all his additional expenditure which may be required as a result of his increased needs resulting from the injury.

A third party who is entitled by law (such as spouse, parents) to rely on the performance of a service by the victim and who has been deprived of such service, may also claim compensation from the person liable.

Any physical disability or disfigurement of the victim which affects his future life constitutes a special criterion of compensation to be awarded.

In any case of death or personal injury, the compensation for future damages is in principle payable in monthly instalments and only exceptionally may it be paid out as a lump sum.

6. Third party liability

The claim of the plaintiff for compensation is not excluded for the reason that another person is liable to pay compensation or to provide for the alimony of the victim. The prevailing view in Greek jurispru­dence is that due to the above provision, the victim shall be entitled to the compensation paid by the person liable as well as to compensation from a third party (who is usually the insurer). Nevertheless there have been cases where this view has been accepted only if the third party compensation paid to the victim did not have any causal relation­ship with the compensation paid by the person liable. Finally, it has also been held that by compensating the victim, the third party, i.e. the insurer, is automatically substituted to the rights of the victim against the person liable. This is in any event included as a common provi­sion in relevant insurance policies.