Il danno non patrimoniale da inadempimento

This essay deals with the issue whether or not the Courts can award damages for mental distress or loss of amenities in cases of breach of contract. It examines the evolution, in Italy and in the European Union, towards compensation of non-pecuniary loss for breach of contract in legislation and case law. It also points out how in contracts Business to Consumers for services (like energy, telecommunication etc.) consumers are confident to receive the service as advertised. The breach of this promise causes a loss of the amenities that the service was supposed to bring. It can also result in an unfair competition action, which gains clients to the unfair competitor who, for the breach, pays less than what he gains. The Independent Authorities, which have to control the services’ market (as Energy, Telecommunication etc..), should adequate the level of automatic compensation for the breach (to pecuniary and non pecuniary loss) to help deterrence.