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CJEU Case 129/19 / Judgment

Presidenza del Consiglio dei Ministri v BV

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Grand Chamber)
Type:
Decision
Decision date:
16/07/2020
ECLI:
ECLI:EU:C:2020:566

Key facts of the case:

Reference for a preliminary ruling — Directive 2004/80/EC — Article 12(2) — National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation — Scope — Victim residing in the Member State in which the violent intentional crime was committed — Obligation for the national compensation scheme to cover that victim — Concept of ‘fair and appropriate compensation’ — Liability of Member States in the event of a breach of EU law.

Outcome of the case:

On those grounds, the Court (Grand Chamber) hereby rules:

  1. EU law must be interpreted as meaning that the rules on the non-contractual liability of a Member State for damage caused by the breach of that law applies, on the ground that that Member State did not transpose, within the appropriate time, Article 12(2) of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, as regards victims residing in that Member State, on the territory of which the violent intentional crime was committed.
  2. Article 12(2) of Directive 2004/80 must be interpreted as meaning that a fixed rate of compensation awarded to victims of sexual violence under the national scheme of compensation to victims of violent intentional crime cannot be classified as ‘fair and appropriate’, within the meaning of that provision, if it is fixed without taking into account the seriousness of the consequences, for the victims, of the crime committed and does not therefore represent an appropriate contribution to the reparation of the material and non-material harm suffered.