41As regards, first, the question whether the parties are the same for the purposes of Article 27 of Regulation No 44/2001, it is apparent from the judgments in Sonntag (C‑172/91, EU:C:1993:144, paragraph 19) and Cavel (120/79, EU:C:1980:70, paragraphs 7 to 9), that the right to obtain compensation for harm suffered as a result of conduct which is subject to criminal prosecution remains a civil matter in that the general scheme of that regulation does not require that the treatment of ancillary proceedings should necessarily be linked to the treatment of the main proceedings. The question whether the parties are the same cannot depend on the position of one or other of the parties in the two proceedings (judgment in Tatry, C‑406/92, EU:C:1994:400, paragraph 31 and the case-law cited).
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