1st P – Article 1


Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

JUDGMENT  Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY  Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

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The unfavorable treatment regarding the inheritance of a child born out of wedlock in relation to children born in marriage constitutes a prohibitive discrimination and also violates the right to property

JUDGMENT  Quilichini v. France 14.03.2019 (no. 38299/15) see here SUMMARY Child outside marriage and inheritance rights. Discrimination against the applicant as a child born outside marriage in relation to children born in marriage. The inheritance share of each of the children born in marriage was set at 5/12, whereas the applicant, who was born out […]

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The deprivation of property for lack of compensation, violated Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights. State’s obligation to asses any damage.

JUDGMENT Kaynar and others v. Turkey 07.05.2019 (no. 21104/06, 51103/06 and 18809/07) see here SUMMARY Protection of property under Article 1 of Protocol No. 1.  The applicants had deprived the land,   that had purchased,  because it was  classified as a “natural site” and  register in the name of the Treasury, without receiving any compensation,  on […]

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Retroactive application of a law in a trademark protection case violated the Convention

JUDGMENT Kamoy Radyo Televizyon Yayıncılık ve Organizasyon A.Ş. v. Turkey 16-04-2019 (no. 19965/06) see here SUMMARY The case concerned the applicant company’s proceedings to protect a trademark, which led to the domestic courts applying a piece of legislation retroactively and its action being rejected. The Court noted that the Turkish Constitutional Court had subsequently annulled […]

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Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

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The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

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The seizure of assets of relatives and managers of the leading Bank, without any evidence, violated the right to respect their property

JUDGMENT  Uzan and others v. Turkey 07.03.19 (no. 19620/05, 41487/05, 17613/08 and 19316/08) see here  SUMMARY Imposition of seizure measures against the applicants’ property on the ground that their relatives or their superiors were being prosecuted for abuse of public money in a case concerning the activities of Türkiye İmar Bankası. This bank has been […]

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Non-execution of a civil judgment within a reasonable time violates court access and the right to respect property

JUDGMENT Cristea v. Republic of Moldova 13.02.2019 (no. 35098/12) see here SUMMARY Non-execution of irrevocable court order for 11 years and fair trial. The applicant’s complaint that the final court order obliging the State to give him housing is pending for 11 years and has not been executed to date. No effective domestic remedy to […]

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The bureaucratic sufferings of a car owner who, due to the mistake of the authorities, registered his car’s engine number as stolen and the solution of Strasbourg

JUDGMENT  Arutyunov v. Russia 18.12.2018 (no. 5552/06) see here   SUMMARY Right to peaceful enjoyment of property. The applicant had bought a car in 1998 without him having the slightest problem. When he decided to transfer it in 2003, the Russian Ministry of Transport refused to register the transfer because his car was on a […]

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Legal duty of the CEO and shareholder to pay the company’s debts. No violation of the right to property protection

JUDGMENT OF THE GRAND CHAMBER Lekić v. Slovenia  11.12.2018 (no. 36480/07) see here   SUMMARY The case concerned striking a company off a court register and the subsequent liability of its managing director for its debts. The strike off procedure was used against the applicant’s company under new legislation introduced in 1999, which gave courts the […]

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