Damages have to be awarded independent of losses. Thus, they are no longer compensatory, or at least they do not aim at compensation for pecuniary losses. Comparison with section 847 may show the new section 611a to be and additional case of damages for pain and seffering. Still, the European Court had demanded a deterrent effect. Therefore, the preparatory document on the new section 611a state that in measuring damages, courts should take into consideration the gravity of the injury, the cause and motives of the act, and the community law requirement of deterrence.