Judgment of the Court (Fifth Chamber) of 7 November 2024.UD and Others v Presidenza del Consiglio dei Ministri and Ministero dell’Interno.Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime – Homicide – Compensation for close family members of the deceased – Concept of ‘victim’ – ‘Tiered’ compensation scheme according to the order of succession – National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse – Parents and siblings of the deceased – ‘Fair and appropriate’ compensation.Case C-126/23.

The judgment concerns the interpretation of EU legislation regarding compensation to victims of violent intentional crimes, specifically in cases of homicide. Here are the key points:Essence of the act:
The Court ruled on whether EU law allows Member States to establish a tiered compensation scheme that excludes certain family members from receiving compensation based solely on the presence of other family members higher in the succession order. The case specifically dealt with Italian legislation that prevented parents from receiving compensation if there was a surviving spouse or children, and prevented siblings from receiving compensation if there were surviving parents.Structure and main provisions:
The Court analyzed Article 12(2) of Directive 2004/80/EC which requires Member States to ensure ‘fair and appropriate compensation’ to victims of violent intentional crimes. The Court determined that:- The concept of ‘victims’ includes both direct victims and their close family members who suffer consequences from the crime- Member States have discretion in establishing compensation schemes but cannot provide compensation that is purely symbolic or manifestly insufficient- Compensation must represent an appropriate contribution to repairing both material and non-material harm sufferedKey provisions for use:
The Court ruled that Member States cannot automatically exclude certain family members from all compensation solely because of the presence of other family members higher in the succession order. The compensation scheme must consider:- The material consequences for family members- Whether family members were dependents of the deceased- Whether family members lived with the deceased- The actual suffering and seriousness of consequences for each family memberThe judgment establishes that compensation schemes must look beyond mere family ties to assess the actual harm suffered by each potential beneficiary.