Reference for a preliminary ruling from High Court (Ireland) made on 23 April 2024 – LD v Criminal Injuries Compensation Tribunal, Minister for Justice and Equality, Ireland, Attorney General
(Case C-284/24, Criminal Injuries Compensation Tribunal e.a.)
Language of the case: English
Referring court
High Court (Ireland)
Parties to the main proceedings
Applicant: LD
Defendants: Criminal Injuries Compensation Tribunal, Minister for Justice and Equality, Ireland, Attorney General
Questions referred
a) Does the obligation imposed on Member States by Article 12(2) of Directive 2004/80/EC (“the Compensation Directive”)1 to provide “fair and appropriate compensation” to victims of violent intentional crimes, require that a victim be compensated for both material and non-material loss within the meaning of Presidenza del Consiglio dei Ministri v BV (“BV”) (Case C[-]129/19, EU:C:2020:566)?
b) If the answer to Question (a) is yes, what forms of loss fall within the scope of “non-material loss”?
c) In particular, does a victim’s ‘pain and suffering’ fall within the scope of “non-material loss?”
d) If the answer to a) and c) is yes, bearing in mind that [M]ember [S]tates are required to ensure that their schemes are financially viable, what relationship should the “fair and appropriate compensation[”] awarded to a victim pursuant to the Compensation Directive bear to the damages in tort that would be awarded to that victim as against the relevant perpetrator as tort-feasor.
e) Can the compensation established for victims of violent intentional crimes under the ‘Scheme of Compensation for Personal Injuries Criminally Inflicted’(the “Scheme”) be regarded as “fair and appropriate compensation to victims” within the meaning of Article 12(2) of the Compensation Directive if a victim is awarded the sum of €645.65 as compensation for a serious eye injury resulting in permanent sight impairment?
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1 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004, L 261, p.15).