This document is an excerpt from the EUR-Lex website
Document 62023CN0126
Case C-126/23, Burdene: Request for a preliminary ruling from the Tribunale Ordinario di Venezia (Italy) lodged on 2 March 2023 — UD, QO, VU, LO, CA v Presidenza del Consiglio dei ministri, Ministero dell'Interno
Case C-126/23, Burdene: Request for a preliminary ruling from the Tribunale Ordinario di Venezia (Italy) lodged on 2 March 2023 — UD, QO, VU, LO, CA v Presidenza del Consiglio dei ministri, Ministero dell'Interno
Case C-126/23, Burdene: Request for a preliminary ruling from the Tribunale Ordinario di Venezia (Italy) lodged on 2 March 2023 — UD, QO, VU, LO, CA v Presidenza del Consiglio dei ministri, Ministero dell'Interno
OJ C 189, 30.5.2023, p. 18–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.5.2023 |
EN |
Official Journal of the European Union |
C 189/18 |
Request for a preliminary ruling from the Tribunale Ordinario di Venezia (Italy) lodged on 2 March 2023 — UD, QO, VU, LO, CA v Presidenza del Consiglio dei ministri, Ministero dell'Interno
(Case C-126/23, Burdene (1))
(2023/C 189/24)
Language of the case: Italian
Referring court
Tribunale Ordinario di Venezia
Parties to the main proceedings
Applicants: UD, QO, VU, LO, CA
Defendants: Presidenza del Consiglio dei ministri, Ministero dell'Interno
Questions referred
In the circumstances referred to in paragraph A, concerning a lawsuit for damages brought by Italian citizens, permanently resident in Italy, against the State in its legislative capacity for failure to implement and/or incorrect and/or incomplete implementation of the obligations under Council Directive 2004/80/EC of 29 April 2004‘relating to compensation to crime victims’ (2) and, in particular, the obligation, laid down in Article 12(2) thereof, for Member States to introduce by 1 July 2005 at the latest, as laid down in Article 18(1), a generalised scheme on compensation to victims of violent intentional crimes which guarantees fair and appropriate compensation to victims in cases where they are unable to obtain full compensation for the damage suffered from those directly responsible, and in relation to the situation of untimely (and/or incomplete) transposition into national law of Council Directive 2004/80/EC of 29 April 2004, the Court of Justice of the European Union is asked to rule on the following questions:
(a) |
Regarding the provision of Article 11, paragraph 2 bis, of Italian Law No 122/2016, which makes the payment of compensation to the parents and sister of a murder victim subject to the victim having no spouse and children, even in the presence of a final judgment quantifying in their favour the right to compensation for the damage suffered and making the perpetrator liable to pay such compensation:
|
(b) |
Regarding the limitation on the payment of compensation:
|
(1) The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.