Blanco v Criminal Injuries Compensation Tribunal, The Minister For Justice And Equality, Ireland And The Attorney General (Rev1) [2024] IEHC 171 (22 March 2024)

Blanco v Criminal Injuries Compensation Tribunal, The Minister For Justice And Equality, Ireland And The Attorney General (Rev1) [2024] IEHC 171 (22 March 2024)

Clarification from the CJEU is required as to whether the Compensation Directive obliges Member States to compensate victims for both material and non-material loss, including pain and suffering, and whether the Irish Scheme's exclusion of such compensation is incompatible with EU law.

Citation
[2024] IEHC 171
Parties
Plaintiff: Alejandro Blanco; First Defendant: Criminal Injuries Compensation Tribunal; Second Defendant: The Minister for Justice and Equality; Third Defendant: Ireland; Fourth Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
22 March 2024
Procedural Posture
Plenary Proceedings / Order for Reference to CJEU Under Article 267 TFEU
Outcome
Reference to the Court of Justice of the European Union for preliminary ruling under Article 267 TFEU.
Legal Topics
Victims' Rights, Compensation for Crime Victims, Non Material Damages, Pain and Suffering, Interpretation of Directive 2004/80/ec
European Union Law Compensation Law Human Rights Law Victims' Rights Compensation for Crime Victims Non Material Damages Pain and Suffering Interpretation of Directive 2004/80/ec

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Parties

Alejandro Blanco

Plaintiff

Criminal Injuries Compensation Tribunal

First Defendant

The Minister for Justice and Equality

Second Defendant

Ireland

Third Defendant

The Attorney General

Fourth Defendant

Procedural Posture

Plenary Proceedings / Order for Reference to CJEU Under Article 267 TFEU

Legal Issues

  1. 1 Whether exclusion of compensation for pain and suffering under the Irish Scheme is compatible with Article 12(2) of Directive 2004/80/EC
  2. 2 Whether 'fair and appropriate compensation' requires compensation for both material and non-material loss
  3. 3 Whether pain and suffering falls within non-material loss

Ratio Decidendi

Clarification from the CJEU is required as to whether the Compensation Directive obliges Member States to compensate victims for both material and non-material loss, including pain and suffering, and whether the Irish Scheme's exclusion of such compensation is incompatible with EU law.

Court Disposition

Reference to the Court of Justice of the European Union for preliminary ruling under Article 267 TFEU.

Orders

  • Questions referred to the CJEU regarding interpretation of Article 12(2) of Directive 2004/80/EC and scope of compensation for non-material loss, including pain and suffering.