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Valentina R., lawyer
C series
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(Case C-126/23, (1) Burdene) (Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2004/80/EC - Article 12(2) - National schemes on compensation to victims of violent intentional crime - Homicide - Compensation for close family members of the deceased - Concept of ‘victim’ - ‘Tiered’ compensation scheme according to the order of succession - National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse - Parents and siblings of the deceased - ‘Fair and appropriate’ compensation)
(C/2025/37)
Language of the case: Italian
Applicants: UD, QO, VU, LO, CA
Defendants: Presidenza del Consiglio dei Ministri, Ministero dell’Interno
Article 12(2) of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims must be interpreted as precluding legislation of a Member State which provides for a scheme on compensation for violent intentional crimes that, in the case of homicide, makes the right to compensation of the parents of the deceased person subject to the absence of a surviving spouse and children of that deceased person and the right to compensation of the victim’s siblings subject to the absence of those parents.
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ELI: http://data.europa.eu/eli/C/2025/37/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Italian.
(1) OJ C 189, 30.5.2023.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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