No Compensation for Non-pecuniary Damage to a Legal Person – Estonian Example

The authors of this article explore whether legal persons should be entitled to compensation for non-pecuniary damage under Estonian law. Although current Estonian jurisprudence generally denies such claims, arguing that legal persons cannot experience pain or emotional suffering, the authors challenge this narrow interpretation. Through analysis of Estonian legal norms, comparative European jurisprudence, and the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU), the article argues that legal persons may still suffer reputational harm that warrants legal redress. The paper proposes a re-evaluation of Estonian tort law to allow compensation for non-pecuniary damage in specific situations, especially where reputational damage compromises a legal person’s ability to function effectively. Recognizing legal persons as holders of personal or quasi-personal rights could provide a more robust and equitable legal framework, in line with evolving European legal standards.