Maurizio Giovanardi and Others [2012] EUECJ C-79/11 (12 July 2012)

Maurizio Giovanardi and Others [2012] EUECJ C-79/11 (12 July 2012)

Article 9(1) of Framework Decision 2001/220/JHA does not require Member States to allow victims to seek compensation in criminal proceedings from legal persons charged with administrative offences where such liability is indirect and subsidiary, and not directly causally linked to the harm caused by the criminal act.

Citation
[2012] EUECJ C-79/11
Parties
Accused: Mr Giovanardi and others; Accused Legal Person: Elettri Fer Srl; Accused Legal Person: Rete Ferroviaria Italiana SpA; Civil Parties/applicants: Victims (unnamed); Prosecutor: Public Prosecutor’s Office at the Tribunale di Firenze
Jurisdiction
European Union
Judgment Date
15 May 2012
Procedural Posture
Criminal Proceedings With Reference for Preliminary Ruling / Preliminary Ruling Before Court of Justice of the European Union
Outcome
Reference answered; Article 9(1) of Framework Decision 2001/220/JHA does not preclude national law excluding compensation claims against legal persons in criminal proceedings for administrative offences.
Legal Topics
Victims' Rights, Compensation, Liability of Legal Persons, Standing in Criminal Proceedings
Criminal Law EU Law Administrative Law Victims' Rights Compensation Liability of Legal Persons Standing in Criminal Proceedings

Case Brief

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Parties

Mr Giovanardi and others

Accused

Elettri Fer Srl

Accused Legal Person

Rete Ferroviaria Italiana SpA

Accused Legal Person

Victims (unnamed)

Civil Parties/applicants

Public Prosecutor’s Office at the Tribunale di Firenze

Prosecutor

Procedural Posture

Criminal Proceedings With Reference for Preliminary Ruling / Preliminary Ruling Before Court of Justice of the European Union

Legal Issues

  1. 1 Whether Italian law on administrative liability of legal persons is compatible with EU law regarding victims' rights to compensation in criminal proceedings

Ratio Decidendi

Article 9(1) of Framework Decision 2001/220/JHA does not require Member States to allow victims to seek compensation in criminal proceedings from legal persons charged with administrative offences where such liability is indirect and subsidiary, and not directly causally linked to the harm caused by the criminal act.

Court Disposition

Reference answered; Article 9(1) of Framework Decision 2001/220/JHA does not preclude national law excluding compensation claims against legal persons in criminal proceedings for administrative offences.

Orders

  • Costs are a matter for the national court; costs incurred in submitting observations to the Court are not recoverable.