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In Europe entities are compensated for non-pecuniary damage – and in Bulgaria?

The European Court of Human Rights is one of the international jurisdictions with established practice recognizing the right of non-pecuniary damages to entities that deserves to be described.

Based on Art. 34 of the Convention on Human Rights, which expressly provides for the right of appeal of NGOs, in 1979 the Court recognized the legitimacy and companies.

Since violations of the Convention are awarded benefits primarily in respect of non-pecuniary damages logically Strasbourg began to recognize them and to legal persons.

Over the years, in various judgments, the Court recognized that there are non-pecuniary damage suffered by non-governmental organizations, political parties and companies.

Compensation may be simply expressed in a violation of the Convention, but there may take monetary expression.

During all these years the judicial practice in Bulgaria adheres to the opposite understanding that legal persons are not entitled to moral damages.

However and finally, in 2013 Interpretative Decision ? 4 SCC recognizes that legal persons are entitled to moral damages, at least when the legislature expressly provides.

Longstanding practice of the SCC is criticized in an article by Maria Lazarova, published in the blog Capital newspaper, in which the author recommends that it be abandoned as outdated and obsolete trends at national, European and global level.

In this articles are used materials from Lakorda.

Non-pecuniary damage for companies

Non-pecuniary damage for companies

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