Jump to main content

Intra-European enforcement of criminal court sentences for the payment of damages

Intra-European enforcement of criminal court sentences for the payment of damages

Damages awarded to victims of a criminal offence as civil plaintiffs in an Italian criminal judgment can be enforced directly in Germany under the European Regulation n° 1215/2012. An Italian criminal court had sentenced the defendant in the criminal judgment, among other things, to pay damages to the victim of the offence who had appeared as a civil plaintiff in the criminal proceedings. The order to pay a sum of money as compensation for the damage suffered as a result of the criminal offence could be qualified as a decision on a civil claim within the meaning of the European Regulation n° 1215/2012 and was therefore subject to the direct enforceability of the Regulation. The victim of the offence could therefore directly instruct the German enforcement authorities to recover his claim based on the Italian criminal judgment.