1st P – Article 1

Cancellation of purchase and sale due to a state authorities error. Violation of the right to respect of property

JUDGMENT Arzamazova v. Democracy of Moldova 04.08.2020 (app. no, 38639/14) see here SUMMARY Cancellation of building purchase and sale and peaceful enjoyment of property. Cancellation of the purchase and sale of a building on the grounds that it belonged to the public sector. A refund was ordered to the applicant, but the courts ruled that […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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Rejection of an appeal due to the time limit. The time limit must start from the knowledge of the adverse consequences of the decisions under appeal. Violation of access to court

JUDGMENT Gros v. Slovenia 07.07.2020 (app. no.  45315/18) see here   SUMMARY Right of access to a Court and procedural deadlines. The case concerned his complaint of having been denied access to a court to challenge municipal decisions to classify paths crossing his land as “public roads”.The Constitutional Court dismissed his appeal as out of time. […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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Bank restructuring. Only banks and not their shareholders, who were not direct victims, could appeal before the Court

GRAND CHAMBER JUDGMENT Albert and others v. Hungary 07.07.2020 (no. 5294/14) see here SUMMARY The applicant shareholders essentially complained that the new legislation had restricted their right to influence the operation of the banks in which they held shares. The Court found in particular that the acts complained of by the applicants had principally concerned […]

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ιδιοκτησία

The non-implementation of court decisions by the tax authorities violated the right to property of the taxpayer. The ECtHR calls for immediate enforcement of decisions and threatens with compensation

JUDGMENT Maria Mihalache v. Romania 30.06.2020  (app. no. 68851/16) see here  SUMMARY Right to property, public interest and enforcement of court decisions. The applicant was charged with tobacco smuggling. The tax authorities imposed a huge fine and signed a mortgage on her property. The prosecutor filed the case due to lack of criminal liability. The Administrative […]

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Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

JUDGMENT Covalenco v. the Republic  of Moldova  16.06.2020 (no. 72164/14) see here   SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

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Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no.  69019/11) see here   SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

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Mandatory rental agreements for retirees and the homeless. Violation of the right to the lessor’s property

JUDGMENT Kasmi v. Albania  23.06.2020 (no. 1175/06) see here SUMMARY Forced rent for the homeless. Right to the lessor’s property. The plaintiff was obliged by an irrevocable decision of the Supreme Court to impose compulsory leases on apartments owned by him, which had been concluded during the nationalization of his property, but remained active even […]

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