The Patras Single-Member Court of Appeal rejected, with decision 121/2019, the Greek State’s appeal against a first-instance decision ordering it to pay the plaintiff a total amount of €7,830.52 plus legal interest, to compensate for material damage and moral harm suffered as a result of a traffic accident caused by a Greek Police service vehicle, the driver of which was found to be solely responsible for the accident.
In particular, according to Article 105 of the Introductory Law to the Civil Code, “for unlawful acts or omissions of public authorities in the exercise of the public authority entrusted to them, the state is liable for compensation, unless the act or omission was in violation of a provision that exists for the sake of the general interest. The person responsible shall be jointly and severally liable with the State, subject to the special provisions on the liability of ministers.”
The above liability of the Hellenic Republic is full, meaning that it covers both the actual damage and the loss of profits suffered by the injured administered party. In addition, by analogous application of Article 932 of the Greek Civil Code, monetary compensation for non-pecuniary (moral) damage suffered by the injured party may also be awarded. Such compensation is assessed solely in relation to the injured party himself or herself and not with regard to any relatives who may have suffered so-called “reflective” damage. Moreover, proof of fault on the part of the administrative organ whose unlawful act caused the damage to the administered party is not required; it suffices to establish the existence of an unlawful act or omission in the exercise of public authority and the causal link between that act or omission and the damage incurred.
In the present case, the claimant, while driving her vehicle in full compliance with the law, wearing her seat belt and having a green traffic light on the lane in which she was travelling, collided at an intersection with a service vehicle of the Hellenic Police, which was travelling on the intersecting road. The said service vehicle entered the intersection despite the fact that the traffic light on its lane showed a red signal, a circumstance that resulted in the subsequent collision with the claimant’s vehicle. The police vehicle therefore acted unlawfully, in breach of the relevant provisions of the Road Traffic Code, conduct which causally led to the harmful event, namely the collision of the two vehicles and the ensuing injury of the claimant.
The defendant Hellenic Republic raised, at first instance, a plea of contributory negligence on the part of the claimant in relation to the traffic accident; however, this plea was rejected on the basis of the above reasoning. The finding of exclusive liability of the Hellenic Republic was confirmed by the appellate court.
The collision at issue resulted in the claimant’s inability to work for a period of approximately one and a half months due to the injuries she sustained and, consequently, in the loss of the income corresponding to that period (loss of profits). These amounts were awarded to her by the court of first instance, after deduction of the sum paid to the claimant by the competent social insurance bodies as sickness benefit.
Furthermore, by analogous application of Article 932 of the Greek Civil Code, the claimant was awarded monetary compensation in the amount of €2,000 for the restoration of the moral damage she suffered as a result of the bodily injuries caused by the accident, as well as the subsequent lengthy rehabilitation process to which she was subjected following her discharge from hospital. In determining the amount of such compensation, the court took into account the circumstances under which the harmful event occurred, the age of the injured party, her financial situation, and the nature, extent, and severity of the injury. By contrast, and according to the court’s reasoning, the financial situation of the defendant Hellenic Republic does not in any way, either positively or negatively, affect the calculation of the amount of monetary compensation due.
The appellate court concurred with the above findings concerning both the award of compensation for the damage suffered and the monetary compensation for the moral damage sustained by the claimant. Consequently, the appeal lodged by the Hellenic Republic was dismissed in its entirety, thereby confirming the injured party’s claim for compensation and moral damages arising from the traffic accident caused by a service vehicle of the Hellenic Police.
