Consideration of tortfeasor’s and victim’s economic circumstances in assessing non-material harm compensation under § 253 para. 2 BGB

The Grand Senate for Civil Matters of the Federal Court of Justice reaffirmed its established case law, holding that in determining a reasonable monetary compensation for non-material harm under § 253 para. 2 BGB (formerly § 847 BGB), all circumstances of the case may be considered, and the economic and personal circumstances of both the tortfeasor and the victim are not categorically excluded from assessment. This decision resolved a jurisdictional conflict raised by the Second Criminal Senate, which had inquired whether such personal and economic factors should be disregarded in the specific context of pain and suffering (Schmerzensgeld) compensation. The court strictly adhered to the principles set out in its 1955 decision (GSZ 1/55, BGHZ 18, 149), confirming that equitable discretion in setting compensation amounts allows for a holistic evaluation of the parties' situations rather than a rigid, formulaic approach.