European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The concept of “harmful event” is broad in scope and includes physical, pecuniary, non-pecuniary loss or damage. Injury to the reputation and good name of a natural or legal person due to defamatory publication may thus fall within Article 7(2) . With regard to consumer protection, it covers not only situations where an individual has personally sustained damage but also the undermining of legal s …

Harmful event

The concept of “harmful event” is broad in scope and includes physical, pecuniary, non-pecuniary loss or damage. Injury to the reputation and good name of a natural or legal person due to defamatory publication may thus fall within Article 7(2) . With regard to consumer protection, it covers not only situations where an individual has personally sustained damage but also the undermining of legal stability by the use of unfair terms . 

The concept of harmful event also encompasses the “knock-on” damage, i.e. the damage suffered by a victim who is not the principal victim  and the indirect damage, i.e. that follows the initial damage . According to the Court of Justice, a loss of income may be regarded as initial damage . Moreover, application of Article 7(2) is not subject to the fact that any actual concrete damage has occurred : a merely preventive action seeking to prevent the occurrence of a future harmful event also falls within matters relating to tort and delict .

Case C-68/93 Shevill and others v Presse Alliance [1995] ECR I-415, LawLex200900001093JBJ.

Case C-167/00 Henkel [2002] ECR I-8111, LawLex200900000666JBJ.

Case C-220/88 Dumez France and others v Hessische Landesbank and others [1990] ECR I-49, LawLex200900002346JBJ. 

Case C-168/02 Kronhofer [2004] ECR I-6009, LawLex200900000674JBJ.

Case C-27/17 AB "flyLAL-Lithuanian Airlines", Judgment of 5 July 2018, LawLex201800001095JBJ.

Case C-18/02 DFDS Torline [2004] ECR I-1417, LawLex200900000748JBJ: "the finding that the courts for the place where the harmful event occurred are usually the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence, is equally relevant whether the dispute concerns compensation for damage which has already occurred or relates to an action seeking to prevent the occurrence of damage".

European Business Law

332. Harmful event

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

332. Harmful event

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise