Article 6 Archives

Trial without the personal appearance of the accused, who explicitly resigned from this right! Non-violation of a fair trial

Article 6 - Par. 1
11/06/2021 20:10

JUDGMENT Dijkhuizen v. The Netherland 08.06.2021 (app. no. 61591/16) see here SUMMARY Fair trial. Explicit and free waiver of his guarantees. The applicant was arrested in the Netherlands for drug trafficking and sentenced at first instance to nine (9) years in prison. He appealed and the restrictive condition of appearing at the police station and […]

The ECtHR ruled that the director of a company was liable for failing to meet its tax obligations

Article 6
03/06/2021 19:17

JUDGMENT Busuttil v. Malta 3.6.2021 (αρ. προσφ. 48431/18) see here SUMMARY Presumption of objective liability of the director of a bankrupt company for non-payment of its debts to the State and insurance contributions. The applicant was criminally convicted after leaving the company, although he claimed to be unaware of the company’s financial situation. He asserted […]

Rejection of an application for fostering and adoption, because the foster father was convicted of sexual abuse of minors. Non-violation of the right to family life

Article 6 - Par. 1
28/05/2021 19:28

JUDGMENT Jessica Marchi v. Italy 27.05.2021 (app. no. 54978/17) see here SUMMARY The case concerned the decision of the Juvenile Court to terminate the pre-adoption placement of a child that the applicant had temporarily fostered. The decision had been taken following the arrest of her husband on charges of child pornography and sexual abuse of […]

The strict disciplinary sanctions imposed by the Disciplinary Committee of the Football Federation on a member of a football team, a footballer and a referee for posting them on the internet violated the freedom of expression!

Article 10
25/05/2021 19:13

JUDGMENT Sedat Doğan v. Turkey (app. no. 48909/14), Naki and Amed Sportif Faaliyetler Kulübü Derneği v. Turkey (app. no. 48924/16) and Ibrahim Tokmak v. Turkey (app. no 54540/16) 18.05.2021 SUMMARY The three cases concerned sports sanctions and financial penalties imposed on the applicants by the Turkish Football Federation on account of statements to the media […]

Application of the ECHR in arbitration. The appointment of a former lawyer and vice president as the arbitrator of a procedure! Lack of impartiality

Article 6 - Par. 1
23/05/2021 09:05

JUDGMENT Beg s.p.a. v. Italy 20.05.2021 (app. no. 5312/11) see here SUMMARY Impartiality as a prerequisite for a fair trial and arbitration In the present case, the ECtHR dealt with the case of application of the Convention in the arbitration procedure. The applicant company in the field of electricity generation concluded a distribution contract with […]

The criminal conviction for publishing a “mocking documentary” online for inciting violence against foreign nationalities, did not violate the freedom of expression! Cassation-instance proceedings in camera. Violation of the right to be heard

Article 10
17/05/2021 19:46

JUDGMENT Kilin v. Russia 11.05.2021 (app. no. 10271/12) see here SUMMARY Freedom of expression and the internet. Online publication of a “mocking documentary” aimed at inciting violence against foreign nationalities. Right to be heard. Court of Appeal proceedings in camera. Criminal conviction for uploading and sharing content via the internet on a small social networking […]

The refusal of the courts to consider an objection to the unconstitutionality of the law consists of a violation of the right to be heard. Composition of a court attended by a judge who had not been legally elected. Violation of the fair trial

Article 6 - Par. 1
15/05/2021 11:03

JUDGMENT Xero Flor w Polsce sp. Z o.o. v. Poland 07.05.2021 (app. no. 4907/18) see here SUMMARY The case concerned attempts by the applicant company to get compensation from the State for damage to one of its products (turf) by game. In particular, it had sued in 2012 but had been awarded only 60% of […]

Violations of a fair trial in sentencing cases in the context of the financial crisis. Friendly arrangements and repetition of procedures

Article 6
10/05/2021 18:58

JUDGMENT Sigurjón Þorvaldur Árnason v. Iceland (no. 42655/16 and 27495/18), Ívar Guðjónsson v. Iceland (no. 46015/16), Sigurþór Charles Guðmundsson v. Iceland (no. 60672/16), Margrét Guðjónsdóttir v. Iceland (no. 60704/16) and Karl Emil Wernersson v. Iceland (no. 61464/16) 04.03.2020 SUMMARY Violations of a fair trial. Recognition of violations by the defendant state. Friendly settlement. Payment of […]

The fair trial was violated because the procedural rules were vague and unpredictable!

Article 6 - Par. 1
09/05/2021 18:52

JUDGMENT Vermeersch v. Belgium 16.02.2021 (app. no. 49652/10) see here SUMMARY Limitation of claim and retroactive application of a more favorable law. The applicant, a Belgian farmer, requested the expansion of his business. His application was upheld in part and the applicant lodged an application for annulment with the Council of State. The decision was […]

Change of legal characterization of the responsibility of the defendant by the appellate court without a reason! Inability of the plaintiff to respond with allegations and evidence within the new legal characterization! Violation of a fair trial

Article 6 - Par. 1
08/05/2021 18:31

JUDGMENT Gusev v. Ukraine 14.01.2021 (app. no. 25531/12) see here SUMMARY Change of legal characterization of a claim by the appellate court in its decision. Right of parties to be able to put forward claims and evidence after the change of legal characterization. A fair trial, the right to be heard by both parties and […]

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