Article 8 Archives

Revocation of a long-term resident’s residence permit and imposition of a 10-year entry ban due to delinquent behavior, despite his progress in detention. Violation of privacy

Article 8
30/05/2023 19:31

JUDGMENT AZZAQUI v. the Netherland 30.05.2023 (app. no. 8757/20) see here SUMMARY The applicant, a Moroccan national, entered the Netherlands in 1982 at the age of 10 and was granted a permanent residence permit. Between 1987 and 1996 he was convicted of several criminal offenses and served several prison terms. In 1996 he was convicted […]

Transmission by the prosecution to the Competition Commission of telephone tapping data on intercompany price-fixing. Article 8 of the ECHR was not violated

Article 8
18/05/2023 19:23

JUDGMENT Ships Waste Oil Collector B.V. v. the Netherlands 18.05.2023 (app. no. 2799/16) see here SUMMARY The applicant companies are active in construction and in the collection of liquid waste from ships in the area of the port of Rotterdam. Data obtained in the context of criminal investigations through wiretapping, following investigative acts, was forwarded […]

Refusal to grant a pensioner’s residence permit to an 83-year-old. Violation of the right to respect for privacy

Article 8
17/05/2023 19:28

JUDGMENT Ghadamian v. Switzerland 09.05.2023 (app. no. 21768/19) see here SUMMARY The case concerned the order for the applicant’s expulsion from Switzerland following the Federal Supreme Court’s refusal in 2018 to grant him a residence permit for pensioners, on the grounds that he had been unlawfully resident in the country since 2002 and had a […]

Eviction and decision to demolish the applicants’ only residence without a proportionality test! Violation of respect for their home

1st P - Article 1
09/05/2023 13:12

JUDGMENT ALIF AHMADOV AND OTHERS v. AZERBAIJAN 04.05.2023 (app. no. 22619/14) see here SUMMARY Eviction and demolition of a single dwelling. Principle of proportionality. Right to respect for the home. Judicial decisions ordered the applicants to vacate their houses and demolish them at their own expense because they were built on public property that was […]

Abusive and arbitrary behavior during the search of a company by the Competition Commission. Violation of respect of the residence

Article 6
23/04/2023 18:14

JUDGMENT UAB Kesko Senukai Lithuania v. Lithuania 04.04.2023 (app. no. 19162/19) see here SUMMARY The applicant, UAB Kesko Senukai Lithuania, is a company based in Kaunas (Lithuania). It is mainly involved in retail. In April 2018 the Lithuanian Competition Council launched an investigation into suspected price fixing by six retailers, including Kesko Senukai Lithuania, in […]

Denial of legal recognition of the new gender identity due to non-submission to surgery! Invasion of privacy

Article 14
18/04/2023 19:10

JUGMENT Csata v. Romania 18.04.2023 (app. no. 65128/19) see here SUMMARY Denial of legal recognition of the applicant’s gender identity. The applicant was born a man, but from a young age identified herself as a woman. On 10 October 2016 she submitted an application to the Regional Court of Timisoara requesting to be allowed to […]

Advisory opinion on the procedural status and rights of the biological parent in adult adoption proceedings

Article 6
17/04/2023 18:21

Advisory opinion regarding Finland 13.04.2023 (P16-2022-001) The background to the case and the domestic proceedings The advisory opinion requested relates to a case pending before the Supreme Court of Finland with regard to the adoption of an adult. The adoption concerns C, born in 1993. For the first four years of his life his primary […]

The record in the birth certificate, of a transgender parent as the father despite her gender change to female. Non-infringement of private and family life

Article 8
08/04/2023 18:49

JUDGMENT A.H. and others v. Germany 04.04.2023 (app. no. 7246/20) see here SUMMARY The case concerned three applicants, the first of whom is a transgender parent (A.H.), who complained that the civil registration authorities had refused to record the first applicant in the register of births as mother of the third applicant (L.D.H.) on the […]

Suspension of duties for a prosecutor even after his irrevocable criminal discharge! Violation of respect for his private life

Article 6
07/04/2023 19:04

JUDGMENT Gashi and Gina v. Albania 04.04.2023 (app. no. 29943/18) see here SUMMARY The case concerned a criminal investigation into the applicants on suspicion of irregularities related to their declaration of assets and financial interests over the years, and their suspension from their positions as prosecutors as required by the relevant legislation. The Court found […]

Restriction on remand prisoner’s family visits with wife and daughter, in order not to obstruct the criminal investigation! Violation of respect for family life

Article 8
22/03/2023 20:52

JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]

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