Tort and Insurance Law, vol. 24

A Fenyves/E Karner/H Koziol/E Steiner (eds)
Tort Law in the Jurisprudence of the European Court of Human Rights

Tort and Insurance Law, vol. 30

De Gruyter 2011
xxiv, 906 p. ISBN: 978-3-11-025966-7

Language: English (with two reports also available in German)

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The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR).

These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law.

The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.


Elisabeth Steiner
: Just Satisfaction under Art 41 ECHR: A Compromise in 1950 – Problematic Now

Fundamental Issues
Franz Bydlinski †
: Methodological Approaches to the Tort Law of the ECHR/Methodologische Ansätze zum Schadenersatzrecht der EMRK
Walter Berka: Human Rights and Tort Law/Menschenrechte und Schadenersatzrecht
Wolfram Karl: 'Just Satisfaction' in Art 41 ECHR and Public International Law – Issues of Interpretation and Review of International Materials
Michel de Salvia: Can the Reparation Awarded to Victims of Violations under the ECHR be Considered a Real 'Just' Satisfaction?

Special Topics
Ken Oliphant/Katarzyna Ludwichowska: Damage
Markus Kellner/Isabelle C Durant: Causation
Barbara C Steininger/Nora Wallner-Friedl: Wrongfulness and Fault
Jörg Fedtke: Protective Purpose of the Rule
Dagmar Hinghofer-Szalkay/Bernhard A Koch: No-Fault or Strict Liability
Christa Kissling/Denis Kelliher: Compensation for Pecuniary and Non-Pecuniary Loss
Vanessa Wilcox: Punitive and Nominal Damages
Mónika Józon: Satisfaction by Finding a Violation
Vanessa Wilcox/Olaf Riss: Contributory Negligence
Thomas Thiede/Erdem Büyüksagis: Reduction of Damages

Concluding Remarks
Helmut Koziol: Concluding Remarks Regarding the Methods of Interpreting Art 41 ECHR
Ernst Karner: Concluding Remarks on Damage
Ernst Karner: Concluding Remarks on Causation
Attila Fenyves: Concluding Remarks on Wrongfulness and Fault
Ernst Karner: Concluding Remarks on the Protective Purpose of the Rule
Ernst Karner: Concluding Remarks on No-Fault or Strict Liability
Helmut Koziol: Concluding Remarks on Compensatory and Non-Compensatory Remedies
Attila Fenyves: Concluding Remarks on Contributory Negligence and Reduction Clause