Dari-Mattiacci, Guiseppe; Schäfer, Hans-Bernd - 2006
that the absence of a social loss is a necessary, but not sufficient, condition for the denial of compensation. The victim … (or a third party) may have actually paid for protection against purely private losses. Thus, compensation should be … awarded irrespective of whether national law treats the case under tort or contract (where compensation is undisputed …
