Non-violation of the principle of proportionality – Application of Greek law due to the place of occurrence of the damage (mental suffering) to the plaintiffs, residents of Greece, despite the fact that the traffic accident occurred in the territory of another EU member state. The award of €100,000 to each parent and €45,000 to the grandparents is fair and reasonable.
The Supreme Court of Appeal upheld the final decision of the Single-Member Court of Appeal of Athens (15**/2022), which recognized the right of the relatives of a 23-year-old Greek citizen – co-driver in a fatal traffic accident in Finland – to financial compensation for mental suffering, as the victim died through no fault of his own.
According to the Supreme Court:
1. The Court of Appeal did not commit a direct or indirect violation of substantive rules of law, in particular the provisions of Regulation (EC) 864/2007 (Rome II Regulation) – Greek Law was correctly applied and not Finnish Law, in accordance with the aforementioned Regulation. Specifically, the Court accepted that the damage from the mental suffering of the relatives – which is direct – occurred in Greece, where they reside, therefore the applicable law is Greek law (Article 4, paragraph 1, Rome II).
There was a minority that supported the application of Finnish law, considering the mental suffering as an indirect consequence of the accident.
2. The compensation was deemed reasonable and in accordance with the principle of proportionality, as the Court of Appeal did not exceed the extreme limits of its discretion, awarding:
€100,000 to each parent,
€45,000 to each of the deceased’s grandparents.
The decision constitutes an important precedent for the application of the “Rome II” Regulation in cases of cross-border road accidents, with an emphasis on the protection of the rights of the victim’s relatives.
*Efstathios Kolomvos- Konstantina Harizanova
Members of the scientific team of the law firm “Parigoris Law” K.PARIGORIS AND ASSOCIATES