Greece’s Council of State has issued a landmark ruling on compensation claims against the state, finding that disability pensions and state-covered medical expenses cannot be used to reduce compensation awarded for non-material harm.
Ruling 1030/2026, issued by a seven-member panel of the court’s First Chamber, concerns a sailor who was electrocuted in 2002, at age 20, while on assigned duty at the Navy Helicopter Base in Kotroni. The injury resulted in the amputation of his right arm, and a medical committee assessed his disability at 90%.
The ruling provides guidance to Greece’s administrative courts on how to handle similar cases in the future.
The administrative courts found the state liable and awarded the victim around €294,000 in total. The state appealed to the Council of State, arguing, among other things, that the amount should be reduced because it had already covered his medical expenses and was paying him a military disability pension.
The Council of State rejected the argument, distinguishing compensation for non-material harm from benefits that cover financial and living needs. It ruled that compensation for non-material harm addresses the pain and emotional distress caused by the injury, while a disability pension serves a different purpose by covering living needs arising from the disability.
The ruling sets clear legal guidance for similar compensation claims against the state in the future.
Source: Kathimerini
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