Case C-404/07: Judgment of the Court (Third Chamber) of 9 October 2008 (reference for a preliminary ruling from the Fővárosi Bíróság, Republic of Hungary) — Criminal proceedings brought by Győrgy Katz against István Roland Sós (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Private prosecutor in substitution for the public prosecutor — Testimony of the victim as a witness)
Date: 2008-10-09
Institutions: Court of Justice
Subjects: criminal procedure, interpretation of the law, victim

22.11.2008

EN

Official Journal of the European Union

C 301/11

Re:

Reference for a preliminary ruling — Supreme Court — Inter-
pretation of Article 22(2) of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil and commer-
cial matters (OJ 2001 L 12, p. 1) — Medical trade union consti-
tuted in the form of a company under the law of a Member
State, which provides assistance and indemnity to its members
practising in the Member State and in another Member State —
Provision of the assistance/indemnity dependent on a decision
taken by the board of directors of that company under an abso-
lute discretionary power — Challenge to a decision refusing
assistance or indemnity to a doctor practising in the other
Member State — Exclusive jurisdiction of the courts of the State
in which the company has its seat on the basis of Article 22(2)
of the regulation

Operative part of the judgment

Point 2 of Article 22 of Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition and enforce-
ment of judgments in civil and commercial matters is to be interpreted
as meaning that proceedings, such as those at issue before the referring
court, in the context of which one of the parties alleges that a decision
adopted by an organ of a company has infringed rights that it claims
that company's Articles of Association, do not concern the
under
validity of
the organs of a company within the
meaning of that provision.

the decisions of

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Third Chamber) of 9 October 2008
(reference for a preliminary ruling from the Fővárosi
Bíróság, Republic of Hungary) — Criminal proceedings
brought by Győrgy Katz against István Roland Sós

(Case C-404/07) (1)

(Police and judicial cooperation in criminal matters — Frame-
work Decision 2001/220/JHA — Standing of victims in crim-
inal proceedings — Private prosecutor in substitution for the
public prosecutor — Testimony of the victim as a witness)

Parties in the criminal proceedings

Győrgy Katz against István Roland Sós

Re:

Reference for a preliminary ruling — Fővárosi Bíróság — Inter-
pretation of Articles 2 and 3 of Council Framework Decision of
15 March 2001 on the standing of victims in criminal proceed-
ings (OJ 2001 L 82, p. 1) — National legislation precluding the
possibility of the victim giving evidence in criminal proceedings
instituted by the victim as a substitute private prosecutor

Operative part of the judgment

Articles 2 and 3 of Council Framework Decision 2001/220/JHA of
15 March 2001 on the standing of victims in criminal proceedings
are to be interpreted as not obliging a national court to permit the
victim to be heard as a witness in criminal proceedings instituted by a
substitute private prosecution such as that in issue in the main proceed-
ings. However, in the absence of such a possibility, it must be possible
for the victim to be permitted to give testimony which can be taken
into account as evidence.

(1) OJ C 283, 24.11.2007.

the Court

Judgment of
(Fifth Chamber) of 2 October
2008 (reference for a preliminary ruling from the Hoge
Raad der Nederlanden — Netherlands) — X B.V. v
Staatssecretaris van Financiën

(Case C-411/07) (1)

(Common Customs Tariff — Combined Nomenclature —
Tariff classification — Headings 8541, 8542 and 8543 —
Optocouplers)

(2008/C 301/21)

Language of the case: Dutch

(2008/C 301/20)

Referring court

Language of the case: Hungarian

Hoge Raad der Nederlanden

Referring court

Fővárosi Bíróság

Parties to the main proceedings

Applicant: X B.V.

Defendant: Staatssecretaris van Financiën