The ICCJ has established that the amount of 1 leu as moral damages can be accepted only if the victim of the wrongful act considers that the mere finding of the wrongful act is an adequate and sufficient reparation.
If in his action the victim has assessed the non-material damage at 1 000 000 lei and the court has accepted that damage has been caused by the publication of the defamatory press articles, that court cannot decide to award non-material damage of only 1 leu.
The complainant sought moral damages of 1,000,000 lei for the damage to her reputation and image resulting from the publication of defamatory press articles. She also requested that the defendants be ordered to publish the judgment in three national newspapers.
The lower courts held that there had been damage to the applicant’s image and reputation, but awarded moral damages of 1 leu, reason for which the applicant filed an appeal with the High Court of Cassation and Justice.
The award of the symbolic sum of 1 leu as moral damages in the case of reputational damage is appropriate only in situations where the victim considers that a simple finding of the wrongful act is sufficient, but not if the victim has quantified the moral damages at 1,000,000 lei.
