CJEU Joined cases C-483/09 and C-1/10 / Judgment

Criminal proceedings against Magatte Gueye (C-483/09) and Valentín Salmerón Sánchez (C-1/10).
Policy area
Justice, freedom and security
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Fourth Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Joined cases C-483/09 and C-1/10 / Judgment
    Key facts of the case:
    References for a preliminary ruling: Audiencia provincial de Tarragona - Spain.

    Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Domestic crimes - Obligation to impose as an ancillary penalty an injunction prohibiting the offender from approaching the victim of the offence - Choice of forms of penalty and level of penalty - Compatibility with Articles 2, 3 and 8 of the Framework Decision - Provision of national law excluding mediation in criminal cases - Compatibility with Article 10 of the Framework Decision.
    Outcome of the case:

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

    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.
  • Paragraphs referring to EU Charter (original language)

    55) The provisions of the Framework Decision must be interpreted in such a way that fundamental rights, including in particular the right to respect for family and private life, as stated in Article 7 of the Charter of Fundamental Rights of the European Union, are respected (see, inter alia, Pupino, paragraph 59, and Katz, paragraph 48).


    69) Lastly, it is clear that the fact that it is mandatory to impose an injunction to stay away in accordance with the substantive law at issue in the main proceedings does not, per se, fall within the scope of the Framework Decision and, accordingly, it cannot, in any event, be assessed in the light of the provisions of the Charter of Fundamental Rights of the European Union.