Contract Termination and Damages: Commentary on Judgment Cass. civ., Section III, Ord. no. 25872/2024

Judgment no. 25872 of the Court of Cassation, issued on September 27, 2024, addresses crucial issues related to the State's liability in compensating victims of violent crimes. In particular, the Court had to interpret the application of EU Directive 2004/80/EC, which requires Member States to ensure adequate compensation for victims of violent crimes. The ruling is part of a complex legal context, where European and Italian regulations intertwine, creating fertile ground for legal reflection and debate.

Context of the Judgment

The case concerns three Italian citizens who sued the State for failing to implement the European directive, specifically for not establishing an adequate compensation system. The plaintiffs, relatives of murder victims, requested compensation of 120,000 euros each, arguing that, by virtue of the directive, they should have received compensation for the damages suffered.

• The Court of Appeal of Venice upheld the claim for damages, recognizing the State's liability.
• The Presidency of the Council of Ministers then filed an appeal for cassation, arguing that the plaintiffs lacked standing.
• The central issue is the definition of "victim" according to EU law and national legislation.

The Court of Cassation deemed it necessary to refer a preliminary question to the Court of Justice of the European Union to clarify the scope of the State's compensatory liability.

Legal Issues Raised

The first relevant aspect is the definition of "victim" in the context of the European directive and Italian law. The Presidency of the Council argued that only the person directly harmed by the crime can be considered a victim, excluding relatives. However, the Court referred to the case law of the Court of Justice, which broadens this definition to include relatives who have suffered damage as a result of the crime.

Furthermore, the judgment highlighted the discrepancies between national and European regulations, pointing out how Italian law does not adequately guarantee the rights of victims, thus creating a breach of European obligations.

Conclusions

Judgment no. 25872/2024 represents an important step towards protecting the rights of crime victims in Italy. It emphasizes the need for alignment between national and European regulations to ensure fair and adequate compensation for all victims, including indirect ones. By requesting a referral to the Court of Justice of the European Union, the Court of Cassation underscores a matter of fundamental importance: the protection of human rights and the State's responsibility in ensuring justice for victims of violent crimes.