Ian William Cowan v Trésor public.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Due
• ECLI: ECLI:EU:C:1989:47
• Docket Number: 186/87
• Date: 02 February 1989
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61987J0186

Judgment of the Court of 2 February 1989. - Ian William Cowan v Trésor public. - Reference for a preliminary ruling: Tribunal de grande instance de Paris - France. - Tourists as recipients of services - Right to compensation following an assault. - Case 186/87.

European Court reports 1989 Page 00195
Swedish special edition Page 00001
Finnish special edition Page 00011

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Community law - Principles - Equal treatment - Discrimination on grounds of nationality - State compensation for victims of assault - Discrimination against nationals of other Member States who are entitled to freedom of movement, in particular as recipients of services - Prohibited

( EEC Treaty, Art . 7 )

Summary

The prohibition of discrimination laid down in particular in Article 7 of the EEC Treaty must be interpreted as meaning that in respect of persons whose freedom to travel to a Member State, in particular as recipients of services, is guaranteed by Community law that State may not make the award of State compensation for harm caused in that State to the victim of an assault resulting in physical injury subject to the condition that he hold a residence permit or be a national of a country which has entered into a reciprocal agreement with that Member State .

Parties

In Case 186/87

REFERENCE to the Court under Article 177 of the EEC Treaty by the Commission d' indemnisation des victimes d' infraction ( Compensation Board for victims of an offence ) attached to the tribunal de grande instance, Paris, for a preliminary ruling in the proceedings pending before that board between

Ian William Cowan

and

Le Trésor public ( Treasury )

on the interpretation in particular of the prohibition of discrimination laid down in Article 7 of the EEC Treaty,

THE COURT

composed of : O . Due, President, T . Koopmans, R . Joliet and T . F . O' Higgins ( Presidents of Chambers ), Sir Gordon Slynn, G . F . Mancini, C . N . Kakouris, F . A . Schockweiler, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and M . Díez de Velasco, Judges,

Advocate General : C . O . Lenz

Registrar : J . A . Pompe, Deputy Registrar

after considering the observations submitted on behalf of

Ian William Cowan, the plaintiff in the main proceedings, by M . Renouf, P . Jenkinson and L . Misson, lawyers,

the Trésor public, the defendant in the main proceedings, in the written procedure by the Agent of the French Government, G . Guillaume, Director of Legal Affairs at the Ministry of Foreign Affairs, assisted by M . Giacomini, Secretary of Foreign Affairs in that Ministry, acting as Deputy Agent, and in the oral procedure by M . Giacomini, assisted by M . Baconnin, an expert,

the Commission of the European Communities, by its Legal Adviser J . Amphoux, acting as Agent,

having regard to the Report for the Hearing, supplemented following the hearing on 13 October 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 6 December 1988,

gives the following

Judgment

Grounds

1 By order of 5 June 1987, which was received at the Court on 16 June 1987, the Commission d' indemnisation des victimes d' infraction attached to the tribunal de grande instance, Paris, referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty a question on the...