Criminal proceedings against Gianfranco Perfili. (Community law) [1996] EUECJ C-177/94 (1 February 1996)

Criminal proceedings against Gianfranco Perfili. (Community law) [1996] EUECJ C-177/94 (1 February 1996)

Article 6 of the EC Treaty, in conjunction with Articles 52 and 59, does not preclude a Member State from requiring a victim of a criminal offence who wishes to bring suit as a civil party in criminal proceedings to grant a special power of attorney to his representative, even if such a formality is not required under the law of the Member State of which the victim is a national, provided the rule applies objectively and without discrimination based on nationality.

Citation
[1996] EUECJ C-177/94
Parties
Defendant: Mr Perfili; Applicant/intervenor: Lloyd's of London
Jurisdiction
European Union
Judgment Date
01 February 1996
Procedural Posture
Preliminary Ruling (article 177 EC Treaty) / Preliminary Reference From National Court
Outcome
Article 6 of the EC Treaty, in conjunction with Articles 52 and 59, does not preclude the Italian procedural requirement for a special power of attorney for civil party intervention in criminal proceedings.
Legal Topics
Non Discrimination on Grounds of Nationality, Freedom of Establishment, Freedom to Provide Services, Interpretation of EC Treaty Articles 3, 5, 6, Interpretation of Article 6 ECHR
European Union Law Criminal Procedure Civil Procedure Human Rights Non Discrimination on Grounds of Nationality Freedom of Establishment Freedom to Provide Services Interpretation of EC Treaty Articles 3, 5, 6 +1 more

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Parties

Mr Perfili

Defendant

Lloyd's of London

Applicant/intervenor

Procedural Posture

Preliminary Ruling (article 177 EC Treaty) / Preliminary Reference From National Court

Legal Issues

  1. 1 Whether Article 78 of the Italian Code of Criminal Procedure is contrary to Articles 3, 5, and 6 of the EC Treaty and Article 6 ECHR by requiring a special power of attorney for civil party intervention in criminal proceedings, even if not required under the law of the victim's Member State

Ratio Decidendi

Article 6 of the EC Treaty, in conjunction with Articles 52 and 59, does not preclude a Member State from requiring a victim of a criminal offence who wishes to bring suit as a civil party in criminal proceedings to grant a special power of attorney to his representative, even if such a formality is not required under the law of the Member State of which the victim is a national, provided the rule applies objectively and without discrimination based on nationality.

Court Disposition

Article 6 of the EC Treaty, in conjunction with Articles 52 and 59, does not preclude the Italian procedural requirement for a special power of attorney for civil party intervention in criminal proceedings.