CJEU on Victim Compensation

Nov 29, 2024 Benn-Ibler Rechtsanwälte

Victims of violent crime must be adequately compensated under European Union law. The European Court of Justice has ruled that the automatic exclusion of family members of a murder victim is not compatible with this requirement. Other aspects in addition to the family ties have to be taken into account, such as the extent of the damage suffered by members of the family.

In 2018, an Italian court ordered a man who killed his former partner to pay compensation to the victim’s family. As the killer was insolvent, the Italian state paid the compensation. However, it was less than the original compensation and was only awarded to the victim’s children and his spouse, from whom the victim had been separated for years. The victim’s parents, sister, and children brought an action before the Court of Venice, Italy, for ‘fair and adequate’ compensation, taking into account the damage they had suffered as a result of the murder.

The Italian court referred the matter to the ECJ, asking whether a national provision which officially excludes the payment of compensation to certain members of the family of a victim of intentional violence in the event of the death of that victim in a homicide is compatible with the EU Directive on compensation to crime victims.

The Court stated, first of all, that the directive requires the Member States to introduce a compensation scheme which must cover not only persons who have been the direct victims of intentional acts of violence, but also close relatives as indirect victims who have suffered indirect consequences of violent acts.

A system must be put in place to ensure fair and adequate compensation. Member States have discretion in this respect. The payment must, however, be sufficient to compensate victims for the suffering they have endured and to contribute to making good the material and non-material damage they have suffered.

CJEU, C-126/23 (7 November 2024)