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High Court, in proceedings concerning an application by the Plaintiff to the Criminal Injuries Compensation Tribunal for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted, arising from significant injuries suffered during a serious criminal assault, refers five questions to the Court of Justice of the European Union relating to the obligation imposed on member states to provide “fair and appropriate compensation” to victims of violent intentional crimes arising out of recent CJEU case law which dealt with material and non-material loss.
Article 267 Reference - Reference to CJEU - proceedings relate to application by Plaintiff to Criminal Injuries Compensation Tribunal - seeking compensation for personal injuries criminally inflicted - whether the exclusion from the Scheme of compensation for general damages fails to vindicate the Plaintiff’s right to fair and appropriate compensation - under Article 12(2) of the Compensation Directive - Plaintiff qualified software engineer who was victim of a serious criminal assault in Ireland - three invidiuals prosecuted and convicted of assault - Plaintiff suffered a significant and permanent eye injury - and other injuries - plaintiff awarded sum of €645.65 as compensation under the Scheme - award limited to the Plaintiff’s out-of-pocket expenses and did not provide any compensation for general damages - outline of national Scheme - outline EU compensation Directive - non-material loss or harm - data protection caselaw - caselaw on function and assessment of damages for pain and suffering - consideration of necessity for a reference to CJEU - whether there is a requirement for member state to compensate victims both material and non-material loss - all parties seeking a reference - in light of decision of the CJEU in BV - court agrees - further clarity required as to whether scheme which prohibits the payment of compensation for pain and suffering in non-fatal cases - whether it is incompatible with the State’s obligations under Article 12(2) of the Compensation Directive - 5 questions referred onwards - High Court as referring court provides its view in relation to the first three questions.
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