CJEU - Joined cases C 483/09 and C 1/10 / Opinion Criminal proceedings against Magatte Gueye, X, and Valentín Salmerón Sánchez, Y

Key facts of the case:
 
On two men having been convicted for domestic abuse (resp violence) had also been imposed an ancillary penalty which prohibited any contact with the respective victims, the partners of the perpetrators, for a period of more than one year. At the request of the partners, both men resumed cohabitation with their partners after some days and were convicted for contempt of court. The appeals court decided to refer to ECJ as to compatibility of the national provisions at issue with the Framework Decision. 
 
Results (sanctions) and key consequences of the case:
  1. Articles 2, 3 and 8 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as not precluding the mandatory imposition of an injunction to stay away for a minimum period, provided for as an ancillary penalty by the criminal law of a Member State, on persons who commit crimes of violence within the family, even when the victims of those crimes oppose the application of such a penalty.
  2. Article 10(1) of Framework Decision 2001/220 must be interpreted as permitting Member States, having regard to the particular category of offences committed within the family, to exclude recourse to mediation in all criminal proceedings relating to such offences.