Directive 2004/38 permits claims for compensation of moral prejudice as well as material damage

LIABILITY

Damages must be calculated based on hypothetical royalties and any moral prejudice

27. In those circumstances, the reply to the question referred is that Article 13(1) of Directive 2004/48 must be interpreted as permitting a party injured by an intellectual property infringement, who claims compensation for his material damage as calculated, in accordance with heading (b) of the second subparagraph of Article 13(1) of that directive, on the basis of the amount of hypothetical royalties, also to claim compensation for the moral prejudice that he has suffered, as provided for under heading (a) of the second subparagraph of Article 13(1) of that directive.

IPPT20160317, CJEU, Liffers v Mediaset

C-99/15 - ECLI:EU:C:2016:173