Source: All England Reporter
Publisher Citation: [2007] All ER (D) 363 (Jun)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President of the Chamber), Klucka, Cunha Rodrigues (Rapporteur), O Caoimh and Lindh

Judgment Dates: 28 June 2007

Catchwords

European Community - Co-operation on criminal matters - Concept of 'victim' in criminal matters - Legal person - Return of property seized in course of criminal proceedings - European Council Framework Decision, 2001/220/JHA.

The Case

European Community Co-operation on criminal matters. The European Council Framework Decision 2001-220-JHA on the standing of victims in criminal proceedings had to be interpreted as meaning that, in criminal proceedings and, in particular, enforcement proceedings following a judgment which resulted in a final criminal conviction, such as those in the main proceedings in the instant case, the concept of 'victim' for the purposes of the decision did not include legal persons who had suffered harm directly caused by acts or omissions that were in violation of the criminal law of a member state.

Practice Areas

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