Case C-467/05: Judgment of the Court (Third Chamber) of 28 June 2007 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Criminal proceedings against Giovanni Dell'Orto (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Directive 2004/80/EC — Concept of victim in criminal proceedings — Legal person — Return of property seized in the course of criminal proceedings)
Date: 2007-08-25
Institutions: Court of Justice
Subjects: Italy, crime against individuals, criminal procedure, indemnification, interpretation of the law, victim

25.8.2007

EN

Official Journal of the European Union

C 199/9

Parties to the main proceedings

Party in the main proceedings

Applicants: Dionik Anonimi Etairia Emporias I/I, Logismikou &
Parokhis Ipiresion Mikhanografisis, Ioannis Mikhail Pikoulas

Giovanni Dell'Orto

Defendant: Epitropi Kefalaiagoras (Capital Market Commission)

Re:

joined party: Saipem SpA

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Article 21 of Directive 2001/34/EC of the
European Parliament and of the Council of 28 May 2001 on
the admission of securities to official stock exchange listing and
those
on
securities
on
(OJ 2001 L 184, p. 1) — Publication of
listing particulars
containing inaccurate and misleading information liable to
deceive investors

information

published

be

to

Operative part of the judgment

Article 21 of Directive 2001/34/EC of the European Parliament and
of the Council of 28 May 2001 on the admission of securities to offi-
cial stock exchange listing and on information to be published on
those securities is to be interpreted as meaning that it does not preclude
a national legislature from laying down, for cases where the informa-
tion recorded in listing particulars published with a view to admitting
securities to official stock exchange listing proves to be inaccurate or
misleading, administrative penalties
imposable not only upon the
persons expressly mentioned in those particulars as responsible but also
upon the issuer of
indiscriminately, upon the
members of the issuer's board of directors, regardless of whether the
board members have been identified as responsible in the listing parti-
culars.

the securities and,

(1) OJ C 60, 11.3.2006.

Judgment of the Court (Third Chamber) of 28 June 2007
(reference for a preliminary ruling from the Tribunale di
Milano — Italy) — Criminal proceedings against Giovanni
Dell'Orto

(Case C-467/05) (1)

(Police and judicial cooperation in criminal matters — Frame-
work Decision 2001/220/JHA — Directive 2004/80/EC —
Concept of ‘victim’ in criminal proceedings — Legal person —
seized in the
criminal
Return of property
proceedings)

course

of

Reference for a preliminary ruling — Tribunale di Milano —
Interpretation of Articles 2 and 9 of Council Framework Deci-
sion of 15 March 2001 on the standing of victims in criminal
proceedings and Article 17 of Council Directive 2004/80/EC of
29 April 2004 relating to compensation to crime victims
(OJ 2004 L 261, p. 15) — Definition of victim including ‘any
other persons affected by crime’ — Right to compensation of
such persons

Operative part of the judgment

The Court:

Council Framework Decision 2001/220/JHA of 15 March 2001 on
the standing of victims in criminal proceedings must be interpreted as
meaning that, in criminal proceedings and, in particular, in enforce-
ment proceedings following a judgment which resulted in a final crimi-
nal conviction, such as those in the main action, the concept of ‘victim’
for the purposes of the Framework Decision does not include legal
persons who have suffered harm directly caused by acts or omissions
that are in violation of the criminal law of a Member State.

(1) OJ C 74, 25.3.2006.

Judgment of the Court (Third Chamber) of 28 June 2007
(reference for a preliminary ruling from the Finanzgericht
Hamburg, Germany) — Bonn Fleisch Ex- und Import
GmbH v Hauptzollamt Hamburg-Jonas

(Case C-1/06) (1)

(Agriculture — System of export refunds on agricultural
products — Regulation (EEC) No 3665/87 — Furnishing of
proof of export of the products — Production of equivalent
proof — Article 47(3) — Recognition by the authorities of
their own motion as equivalent proof of documents not accom-
panied by an express reasoned request for them to be regarded
as equivalent — Not applicable to direct export — National
procedural rules — Obligations of the competent national
authorities)

(2007/C 199/14)

Language of the case: Italian

(2007/C 199/15)

Language of the case: German

Referring court

Tribunale di Milano

Referring court

Finanzgericht Hamburg