Reference for a preliminary ruling from the Tribunale di Firenze (Italy), lodged on 25 October 2010 — Denise Bernardi, represented by Katia Mecacci v Fabio Bernardi

(Case C-507/10)

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2011/C 13/36

Language of the case: Italian

Referring court

Tribunale di Firenze

Parties to the main proceedings

Claimant: Denise Bernardi, represented by Katia Mecacci

Defendant: Fabio Bernardi

Question referred

Must Articles 2, 3 and 8 of Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (1) be interpreted as precluding national provisions, such as Article 392(1a) of the Italian Code of Criminal Procedure, in so far as the latter does not impose an obligation on the Public Prosecutor to request an early hearing and examination of a victim who is a minor by means of the Special Inquiry procedure prior to the main proceedings, and Article 394 of the Code of Civil Procedure, which does not make it possible for that minor victim himself or herself to appeal to the courts against a negative decision by the Public Prosecutor on his or her request to be heard in accordance with the appropriate Special Inquiry procedure?

(1)  OJ 2001 L 82, p. 1.