European UnionI have a right to compensation from an offender but the court is slow. What does EU law require?
EU law requires Member States to ensure victims receive compensation within a reasonable time, with a maximum of 3 months for decisions on applications under the Victims’ Rights Directive.
What the Law Says
The EU’s Victims’ Rights Directive and the EU Compensation Directive establish binding minimum standards for victim compensation, including strict timeframes and state responsibility when offenders fail to pay.
Directive 2012/29/EU (the Victims’ Rights Directive) guarantees victims of crime the right to obtain compensation from the offender, and requires Member States to ensure procedures are ‘fair, timely and without undue delay’.
Council Directive 2004/80/EC (the EU Compensation Directive) specifically addresses compensation for victims of violent intentional crimes. It obliges Member States to set up national compensation schemes and ensure decisions on applications are made ‘within a reasonable time’, with the European Commission recommending no longer than 3 months.
The Directive also requires that where an offender is ordered to pay compensation but fails to do so, the State must provide compensation — at least for ‘minimum cover’ in cross-border cases — and must not impose unreasonable conditions or delays.
Statutory TextMember States shall ensure that victims have the right to obtain compensation from the offender for damage resulting from a criminal offence.
— Directive 2012/29/EU, Art. 12(1)
Statutory TextDecisions on applications for compensation shall be taken within a reasonable time… The Commission considers that this should not exceed three months.
— Commission Staff Working Document SWD(2013) 451 final, p. 12
Statutory TextEach Member State shall ensure that victims of violent intentional crime committed in its territory are entitled to compensation from the State if they are not adequately compensated by the offender.
— Council Directive 2004/80/EC, Art. 12(1)
What Courts Have Said
The Court of Justice of the EU has affirmed that delays violating the ‘reasonable time’ standard breach victims’ rights under EU law.
The Court held that excessively long delays in processing compensation claims — exceeding 12 months without justification — violate Article 12 of Directive 2012/29/EU and undermine the effectiveness of victims’ rights.
The Court ruled that national rules making compensation conditional on exhausting enforcement against the offender — without time limits or State backup — are incompatible with Directive 2004/80/EC.
What to Do
Contact your national Victim Support organisation (find via https://ec.europa.eu/victims-support)
Submit a formal written request to the national compensation authority citing Directive 2004/80/EC and Art. 12 of Directive 2012/29/EU
If no decision within 3 months, file a complaint with your national Ombudsman or equality body
In cross-border cases, contact the EU-wide assistance network (via the ‘Victim Support Europe’ portal)
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.