Judgment of the Court (Fifth Chamber) of 2 October 2025 (request for a preliminary ruling from the High Court – Ireland) – LD v Criminal Injuries Compensation Tribunal, Minister for Justice and Equality, Ireland, Attorney General

(Case C-284/24,  (1) Criminal Injuries Compensation Tribunal and Others)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2004/80/EC - Article 12(2) - Compensation to victims of violent intentional crimes - Fair and appropriate compensation - National legislation excluding compensation for pain and suffering endured)

(C/2025/6142)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Plaintiff: LD

Defendants: Criminal Injuries Compensation Tribunal, Minister for Justice and Equality, Ireland, Attorney General

Operative part of the judgment

Article 12(2) of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims

must be interpreted as precluding a national scheme on compensation to victims of violent intentional crimes which, as a matter of principle, excludes, as regards non-material harm, any compensation for pain and suffering endured by such victims. Notwithstanding the need to ensure the financial viability of national compensation schemes, such that the Member States are not necessarily obliged to provide complete reparation of the material and non-material loss suffered by those victims, fair and appropriate compensation, within the meaning of that provision, requires, when determining such compensation, that account be taken of the seriousness of the consequences, for the victims, of the crimes committed and of the reparation that such victims may obtain on the basis of the tortious liability of the offender.

(1)  OJ C, C/2024/4082.