Is there impairment in person "in any other way" a.b.i. Art. 6:106.b BW?

HR reiterates relevant considerations from HR:2019:793 and HR:2019:376 regarding cases where there may be impairment in person "in another way" a.b.i. Art. 6:106.b BW.

Admission of b.p.'s claim and the imposition of a compensation measure are based on the opinion of the court of appeal that, in view of the nature and seriousness of the violation of standards and the consequences thereof, there is personal harm 'in another way' a.b.i. art. 6:106b of the Civil Code. In essence, the Court of Appeal based this finding on the fact that b.p. was threatened with a crime against life in an e-mail to her employer, that as a result b.p. had to take measures to protect herself and feel safe, and that this threat had "great impact" on b.p., also in view of her responsibility for the safety of her staff. These findings, however, cannot support a judgement that the person was affected 'in another way', also taking into account that the court did not determine what this great impact consisted of in concrete terms, while the claim form also shows that b.p. "now feels reasonably safe again".

Follows (partial) annulment with respect to claim b.p. and imposition of compensation measure and reversal.