# C_2023189EN.01001801.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/18 |
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30.5.2023

EN

Official Journal of the European Union

C 189/18

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Request for a preliminary ruling from the Tribunale Ordinario di Venezia (Italy) lodged on 2 March 2023 — UD, QO, VU, LO, CA v Presidenza del Consiglio dei ministri, Ministero dell'Interno

(Case C-126/23, Burdene (1))

(2023/C 189/24)

Language of the case: Italian

Referring court

Tribunale Ordinario di Venezia

Parties to the main proceedings

Applicants: UD, QO, VU, LO, CA

Defendants: Presidenza del Consiglio dei ministri, Ministero dell'Interno

Questions referred

In the circumstances referred to in paragraph A, concerning a lawsuit for damages brought by Italian citizens, permanently resident in Italy, against the State in its legislative capacity for failure to implement and/or incorrect and/or incomplete implementation of the obligations under Council Directive 2004/80/EC of 29 April 2004‘relating to compensation to crime victims’ (2) and, in particular, the obligation, laid down in Article 12(2) thereof, for Member States to introduce by 1 July 2005 at the latest, as laid down in Article 18(1), a generalised scheme on compensation to victims of violent intentional crimes which guarantees fair and appropriate compensation to victims in cases where they are unable to obtain full compensation for the damage suffered from those directly responsible, and in relation to the situation of untimely (and/or incomplete) transposition into national law of Council Directive 2004/80/EC of 29 April 2004, the Court of Justice of the European Union is asked to rule on the following questions:

| (a) | Regarding the provision of Article 11, paragraph 2 bis, of Italian Law No 122/2016, which makes the payment of compensation to the parents and sister of a murder victim subject to the victim having no spouse and children, even in the presence of a final judgment quantifying in their favour the right to compensation for the damage suffered and making the perpetrator liable to pay such compensation:






  — | In the case of murder, does the fact that the payment of compensation laid down for the parents and sister of a victim of violent intentional crimes by Article 11, paragraph 2 bis of the legge 7 luglio 2016, n. 122 (Disposizioni per l’adempimento degli obblighi derivanti dall’appartenenza dell’Italia all’Unione europea — Legge europea 2015-2016) (Law No 122 of 7 July 2016, on provisions to comply with the obligations arising from Italy’s membership of the European Union — European Law 2015-2016), as subsequently amended by Article 6 of Law No 167 of 20 November 2017 and by Article 1, paragraphs 593-596, of Law No 145 of 30 December 2018, is subject to the victim having no children or spouse (as regards the parents) and no parents (as regards siblings), comply with the requirements laid down by Article 12(2) of Directive 2004/80, as well as with Articles 20 (equality), 21 (non-discrimination), 33(1) (protection of the family) and 47 (right to an effective remedy and to a fair trial) of the Charter of Fundamental Rights of the European Union and Article 1, Protocol 12 of the ECHR (non-discrimination)? |
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(a)

Regarding the provision of Article 11, paragraph 2 bis, of Italian Law No 122/2016, which makes the payment of compensation to the parents and sister of a murder victim subject to the victim having no spouse and children, even in the presence of a final judgment quantifying in their favour the right to compensation for the damage suffered and making the perpetrator liable to pay such compensation:

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In the case of murder, does the fact that the payment of compensation laid down for the parents and sister of a victim of violent intentional crimes by Article 11, paragraph 2 bis of the legge 7 luglio 2016, n. 122 (Disposizioni per l’adempimento degli obblighi derivanti dall’appartenenza dell’Italia all’Unione europea — Legge europea 2015-2016) (Law No 122 of 7 July 2016, on provisions to comply with the obligations arising from Italy’s membership of the European Union — European Law 2015-2016), as subsequently amended by Article 6 of Law No 167 of 20 November 2017 and by Article 1, paragraphs 593-596, of Law No 145 of 30 December 2018, is subject to the victim having no children or spouse (as regards the parents) and no parents (as regards siblings), comply with the requirements laid down by Article 12(2) of Directive 2004/80, as well as with Articles 20 (equality), 21 (non-discrimination), 33(1) (protection of the family) and 47 (right to an effective remedy and to a fair trial) of the Charter of Fundamental Rights of the European Union and Article 1, Protocol 12 of the ECHR (non-discrimination)?

| (b) | Regarding the limitation on the payment of compensation:






  — | Can the condition attached to the payment of the compensation provided for in Article 11, paragraph 3, of Law No 122/2016, on provisions to comply with the obligations arising from Italy’s membership of the European Union — European Law 2015-2016, as amended by Article 6 of Law No 167 of 20 November 2017 and by Article 1, paragraphs 593-596, of Law No 145 of 30 December 2018) which states ‘in any event within the limits of the availability of the Fund referred to in Article 14’, without any provision requiring the Italian State to make specific provision for the compensation, even if determined on a statistical basis and in any event which is actually capable of providing compensation to those entitled within a reasonable period of time, be deemed to be ‘fair and appropriate compensation to victims’ pursuant to the provisions of Article 12(2) of Directive 2004/80? |
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(b)

Regarding the limitation on the payment of compensation:

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Can the condition attached to the payment of the compensation provided for in Article 11, paragraph 3, of Law No 122/2016, on provisions to comply with the obligations arising from Italy’s membership of the European Union — European Law 2015-2016, as amended by Article 6 of Law No 167 of 20 November 2017 and by Article 1, paragraphs 593-596, of Law No 145 of 30 December 2018) which states ‘in any event within the limits of the availability of the Fund referred to in Article 14’, without any provision requiring the Italian State to make specific provision for the compensation, even if determined on a statistical basis and in any event which is actually capable of providing compensation to those entitled within a reasonable period of time, be deemed to be ‘fair and appropriate compensation to victims’ pursuant to the provisions of Article 12(2) of Directive 2004/80?

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(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.

(2)  OJ 2004 L 261, p. 15.

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