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Based on these statements, the Bucharest Court of Appeal decided that Becali should pay Talpan 5,000 euros for moral damages. However, the decision can be challenged in Superior Court.
Lawsuit pending before the courts in 2016. In essence, Talpan claims Becali 1 million euros for damages such as non-pecuniary damage. The case was opened in the Bucharest Court. The court had initially established the payment of damages of 3,000 euros, then the Bucharest Court of Appeal increased the amount to 30,000 euros. In the last appeal, the High Court decided to re-try the case at the Bucharest Court of Appeal. Thus, the compensation of 5,000 euros was reached.
The decision was made in September 2020, but the judges motivated the sentence this month, according to the judicial portal.
How the damages were calculated
In the assessment of the Bucharest Court of Appeal, when establishing compensation, the status of Florin Talpan, “a career soldier of recognized merit, a profession that in itself presupposes a high degree of awareness of honor and enjoys the public recognition of dignity “. as well as the status of Gigi Becali, “the person who works in the political field and in the soccer field, with a superior financial status and mediation positions in various fields, who enjoys influence in a certain category of public “.
Another criterion was the specific way of committing the alleged acts “both the tone used by the accused (Gigi Becalin. Red.), as well as the declarations themselves “.
It also mattered that, without constituting for Talpan an enrichment without just cause, but also for Becali a sanction devoid of pecuniary significance, “the compensation must represent an equitable satisfaction and be proportionate to the act committed.”
Repeated insults
According to the court, the amount set by the Bucharest Court of 3,000 euros is too small.
Therefore, statements such as “he is not in his waters”, “crazy and greedy” (references to the state of mind), “he has no idea of any law, he knows nothing of his head”, “he has not done anything in the life of his life”. “,” in his life he did not put a brick, nothing “(reference to professional competence),” try a kind of mining for Steaua “(reference to a regrettable historical event, marked by violence and manipulation, with extremely negative connotations for those to whom it is attributed in comparison), “go and sit with courage in the state institutions, since you do nothing” (inappropriate reference for a military cadre). “Marzoaga” (offensive appeal), impose in relation to the criteria mentioned the increase in the amount of compensation, explains the Bucharest Court of Appeal.
“Thus, reassessing in terms of the repetitive nature of the defendant’s statements, the fact that by the nature of the military profession the plaintiff has a much higher sense of honor and reputation than the average person, and in terms of the practice judicial, even at the European level, the amount of 3,000 euros does not satisfy the principle of full reparation for the image damage suffered by the plaintiff.
Obviously, the amount claimed in the lawsuit is an exaggerated amount, such compensation being awarded for much more serious acts or that violate other fundamental human rights.
The court will consider that the increase to the amount of 5000 euros corresponds to worthy criteria, does not lead to a disproportionate enrichment with the appellant’s deed, represents a sufficient sanction for the appellant’s conduct ”, concludes the court.
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