Summaries of judgments: Presidenza del Consiglio dei Ministri v BV | Cali Apartments

Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez)
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Judgment of the Court (Grand Chamber) of 16 July 2020, Presidenza del Consiglio dei Ministri v BV, Case C-129/19, EU:C:2020:566

Reference for a preliminary ruling – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation – Scope – Victim residing in the Member State in which the violent intentional crime was committed – Obligation for the national compensation scheme to cover that victim – Concept of “fair and appropriate compensation” – Liability of Member States in the event of a breach of EU law

Facts

This request for a preliminary was made in proceedings between the Presidenza del Consiglio dei Ministri (Presidency of the Council of Ministers, Italy) and BV concerning the claim of non-contractual liability brought by BV against the Italian Republic for loss alleged to have been caused to BV owing to the failure to transpose Council Directive 2004/80/EC, of 29 April 2004, relating to compensation to crime victims (OJ 2004, L 261, p. 15) into Italian law.

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