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CJEU Case 129/19 / Judgment

Presidenza del Consiglio dei Ministri v BV
Policy area
Justice, freedom and security
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Type
Decision
Decision date
16/07/2020
ECLI (European case law identifier)
ECLI:EU:C:2020:566

EU Charter of Fundamental Rights

Title III: Equality

Article 20 - Equality before the law

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  • CJEU Case 129/19 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling — Directive 2004/80/EC — Article 12(2) — National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation — Scope — Victim residing in the Member State in which the violent intentional crime was committed — Obligation for the national compensation scheme to cover that victim — Concept of ‘fair and appropriate compensation’ — Liability of Member States in the event of a breach of EU law.

    Outcome of the case:

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

    1. EU law must be interpreted as meaning that the rules on the non-contractual liability of a Member State for damage caused by the breach of that law applies, on the ground that that Member State did not transpose, within the appropriate time, Article 12(2) of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, as regards victims residing in that Member State, on the territory of which the violent intentional crime was committed.
    2. Article 12(2) of Directive 2004/80 must be interpreted as meaning that a fixed rate of compensation awarded to victims of sexual violence under the national scheme of compensation to victims of violent intentional crime cannot be classified as ‘fair and appropriate’, within the meaning of that provision, if it is fixed without taking into account the seriousness of the consequences, for the victims, of the crime committed and does not therefore represent an appropriate contribution to the reparation of the material and non-material harm suffered.
  • Paragraphs referring to EU Charter

    19) However, the referring court considers that, in accordance with the general principles of equal treatment and non-discrimination on the basis of nationality, as enshrined in Article 18 TFEU and in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, it is possible to take the view that the Italian Republic could not fully implement Directive 2004/80 by limiting the application of the national compensation scheme only to victims who were in cross-border situations, because such a limitation would subject Italian citizens who reside in Italy to unjustified discriminatory treatment.