EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62011CA0079
Case C-79/11: Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Maurizio Giovanardi and Others (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings)
Case C-79/11: Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Maurizio Giovanardi and Others (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings)
Case C-79/11: Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Maurizio Giovanardi and Others (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings)
OJ C 287, 22.9.2012, p. 10–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
22.9.2012 |
EN |
Official Journal of the European Union |
C 287/10 |
Judgment of the Court (Second Chamber) of 12 July 2012 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Maurizio Giovanardi and Others
(Case C-79/11) (1)
(Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Directive 2004/80/EC - Compensation to victims of crime - Liability of a legal person - Compensation in criminal proceedings)
2012/C 287/15
Language of the case: Italian
Referring court
Tribunale di Firenze
Parties in the main proceedings
Maurizio Giovanardi, Andrea Lastini, Filippo Ricci, Vito Piglionica, Massimiliano Pempori, Gezim Lakja, Elettrifer Srl, Rete Ferroviaria Italiana SpA
Re:
Reference for a preliminary ruling — Tribunale Ordinario di Firenze — Interpretation of Articles 2, 3 and 8 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L 82, p. 1) — Interpretation of Article 9 of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004 L 261, p. 15) — Criminal liability of legal persons — Right of a victim of a criminal act to be compensated, in the context of criminal proceedings, by a legal person indirectly liable for the harm suffered
Operative part of the judgment
Article 9(1) of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as meaning that, under a system governing the liability of legal persons such as that at issue in the main proceedings, that provision does not preclude a situation in which the victim of a criminal act is not entitled to seek compensation for the harm directly caused by that act in the course of criminal proceedings from the legal person who committed an administrative offence.