JUDGMENT
Vegotex International S.A. v. Belgium 10.11.2020 (app. no. 49812/09)
Retroactive application of tax law for extension of limitation period. Fair trial and legislative intervention. Adversarial process and reasonable time.
Right of access to court and fair trial. Impossibility to issue a decision on the merits due to contradictory court decisions.
The plaintiff, a well-known basketball player, wanted to cancel the contract with the club he had signed and claim the amounts owed. He then appealed to the sports arbitration tribunal, which finally awarded the applicant the due sums. The tribunal refused to award the sum.
Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses
JUDGMENT Mikhail Mironov v. Russia 06.10.2020 (app. no. 58138/09) see here SUMMARY Judge impartiality. Fair trial. Objection of bias. A judge tried one criminal and two civil cases between the same parties and for the same facts. He also adjudicated his objection of exclusion and rejected it. A judge has tried the same parties three […]
JUDGMENT Akbay and others v. Germany 15.10.2020 (app. no. 40495/15, 40913/15 and 37273/15) see here SUMMARY Fair trial and police trapping. The applicants were convicted of importing and trafficking drugs. In order to commit the crime, they were instigated by an undercover police officer who encouraged them to commit the act, allegedly providing them with […]
JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and 63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no. 49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]
JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]
JUDGMENT Mediani v. Italy 01.10.2020 (aoo. no. 11036/14) see here SUMMARY The case concerned the length of proceedings relating to a special appeal to the President of the Republic (ricorso straordinario al Presidente della Repubblica). Mr Mediani, who had lodged his appeal in 2004 in order to challenge the decision to revoke his advancement to […]
JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]
JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]
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