Court of Appeal, Athens, Νο 2555/2020: Commentary by Panagiotis Deligiannis in the magazine Applications of Civil Law and Civil Procedure, March 2022 issue, p.310.
The determination of the” reasonable “amount, according to the Cancellation, belongs to the uncontrollable discretion of the courts of substance, because they end up in the specific amount after the substantial assessment of the facts (accident circumstances, possible complicity, age, etc.). However, even in this discretion, there are some limits that are formed by the lessons of common experience and common law of conscience. In the event that the judge “exceeds” these limits (either upwards or downwards), then exceptionally his judgment regarding the calculation of “reasonable” monetary satisfaction will be an appellant auditor according to Article 559 no. 1 or 19 of Code of Civil Procedure, for violation of the principle of proportionality under Article 25 of the Constitution.
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