Judgment_paragraph 87 · É. R., O. O., J. R., A. R., B. P. R. and Others v Council of the European Union and Commission of the European Communities (T-138/03)

87The defendants contend that the application provides scarcely any explanation of how the compensation for the damage has been calculated. The defendants also observe that in order to assess the material damage suffered as the result of a disease it is necessary to take into account the costs in connection with care and assistance for the patients, the loss of income for the duration of the disease, the material damage deriving directly from the death and the material loss due to loss of earnings that is suffered by the persons who are financially dependent on the victim. However, the application contains no such information. Moreover, the defendants contend that the non-material damage sustained by the patients' relatives is not damage that can be compensated (Joined Cases 169/83 and 136/84 Leussink and Others v Commission [1986] ECR 2801, paragraph 22) and dispute that a victim's own non-material damage is transmissible to his heirs. Lastly, the defendant institutions dispute application of the 10 % interest rate claimed by the applicants.