CELEX: 62009CA0205
Language: en
Date: 2010-10-21 00:00:00
Title: Case C-205/09: 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 (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)

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:
   
               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).
            
         
               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.