Eredics (Police & judicial cooperation in criminal matters) [2010] EUECJ C-205/09 (21 October 2010)

Eredics (Police & judicial cooperation in criminal matters) [2010] EUECJ C-205/09 (21 October 2010)

Articles 1(a) and 10 of Framework Decision 2001/220/JHA must be interpreted as meaning that the concept of 'victim' does not extend to legal persons for the purposes of mediation in criminal proceedings, and Article 10 does not require Member States to make mediation available for all offences with substantively similar legal classification.

Citation
[2010] EUECJ C-205/09
Parties
Defendant: Mr Eredics; Defendant: Ms Sápi; Victim: VÁTI Magyar Regionális Fejlesztési és Urbanisztikai Kiemelten Közhasznú Társaság (VÁTI kht)
Jurisdiction
European Union
Judgment Date
01 July 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Reference answered; interpretation provided
Legal Topics
Victims' Rights, Mediation in Criminal Proceedings, Interpretation of EU Framework Decisions
Criminal Law European Union Law Victims' Rights Mediation in Criminal Proceedings Interpretation of EU Framework Decisions

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Parties

Mr Eredics

Defendant

Ms Sápi

Defendant

VÁTI Magyar Regionális Fejlesztési és Urbanisztikai Kiemelten Közhasznú Társaság (VÁTI kht)

Victim

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Does the concept of 'victim' in Article 1(a) of Framework Decision 2001/220/JHA extend to legal persons for the purposes of mediation in criminal proceedings?
  2. 2 Does Article 10 of the Framework Decision require Member States to make mediation available for all offences with substantively similar legal classification?
  3. 3 Is it compatible with Article 10 for national law to restrict mediation to certain procedural stages or to require admission of facts at a specific time?

Ratio Decidendi

Articles 1(a) and 10 of Framework Decision 2001/220/JHA must be interpreted as meaning that the concept of 'victim' does not extend to legal persons for the purposes of mediation in criminal proceedings, and Article 10 does not require Member States to make mediation available for all offences with substantively similar legal classification.

Court Disposition

Reference answered; interpretation provided

Orders

  • Articles 1(a) and 10 of Framework Decision 2001/220/JHA do not extend the concept of 'victim' to legal persons for the purposes of mediation in criminal proceedings.
  • Article 10 does not require Member States to make mediation available for all offences with substantively similar legal classification.