Case of C-284/24, LD, Judgment of 2 October 2025 (Fifth Chamber)

Directive 2004/80/EC – Compensation to victims of violent intentional crimes (Article 12(2)) – Fair and appropriate compensation – National legislation excluding compensation for pain and suffering endured determination of the compensation – Seriousness of the consequences for the victims – Reparation that such victims may obtain based on the tortious liability of the offender.

Article 12(2) of Council Directive 2004/80/EC relating to compensation to crime victims must be interpreted as precluding a national scheme on compensation to victims of violent intentional crimes which, as a matter of principle, excludes, as regards non-material harm, any compensation for pain and suffering endured by such victims. Notwithstanding the need to ensure the financial viability of national compensation schemes, such that the Member States are not necessarily obliged to provide complete reparation of the material and non-material loss suffered by those victims, fair and appropriate compensation, within the meaning of that provision, requires, when determining such compensation, that account be taken of the seriousness of the consequences, for the victims, of the crimes committed and of the reparation that such vicitms may obtain on the basis of the tortious liability of the offender.