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Document C2007/199/14
Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of victim in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings)
Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of victim in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings)
Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of victim in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings)
OJ C 199, 25.8.2007, p. 9–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
25.8.2007 |
EN |
Official Journal of the European Union |
C 199/9 |
Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto
(Case C-467/05) (1)
(Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Directive 2004/80/EC - Concept of ‘victim’ in criminal proceedings - Legal person - Return of property seized in the course of criminal proceedings)
(2007/C 199/14)
Language of the case: Italian
Referring court
Tribunale di Milano
Party in the main proceedings
Giovanni Dell'Orto
joined party: Saipem SpA
Re:
Reference for a preliminary ruling — Tribunale di Milano — Interpretation of Articles 2 and 9 of Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and Article 17 of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004 L 261, p. 15) — Definition of victim including ‘any other persons affected by crime’ — Right to compensation of such persons
Operative part of the judgment
The Court:
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as meaning that, in criminal proceedings and, in particular, in enforcement proceedings following a judgment which resulted in a final criminal conviction, such as those in the main action, the concept of ‘victim’ for the purposes of the Framework Decision does not include legal persons who have suffered harm directly caused by acts or omissions that are in violation of the criminal law of a Member State.