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18.12.2010 |
EN |
Official Journal of the European Union |
C 346/14 |
Judgment of the Court (Second Chamber) of 21 October 2010 (reference for a preliminary ruling from the Szombathelyi Városi Bíróság (Hungary)) — Criminal proceedings against Emil Eredics, Mária Vassné Sápi
(Case C-205/09) (1)
(Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Meaning of ‘victim’ - Legal persons - Mediation in criminal proceedings - Detailed rules of application)
2010/C 346/23
Language of the case: Hungarian
Referring court
Szombathelyi Városi Bíróság
Parties in the main proceedings
Emil Eredics, Mária Vassné Sápi
Re:
Reference for a preliminary ruling — Szombathelyi Városi Bíróság — Interpretation of Article 1(a) and Article 10 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings — Criminal proceedings in which the victim is a legal person and in which mediation in criminal cases is excluded by national law — Concept of ‘victim’ in the framework decision — Inclusion, as regards the provisions on mediation in criminal cases, of persons other than natural persons? — Conditions for the application of mediation in criminal proceedings
Operative part of the judgment
The Court hereby rules:
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1. |
Articles 1(a) and 10 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as meaning that the concept of ‘victim’ does not extend to legal persons for the purposes of the promotion of mediation in criminal proceedings in Article 10(1). |
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2. |
Article 10 of the Framework Decision 2001/220 must be interpreted as not requiring Member States to make recourse to mediation possible for all offences the substantive components of which, as defined by national legislation, correspond essentially to those of offences for which mediation is expressly provided by that legislation. |
(1) OJ 2009 C 205, 29.08.2009.