Important Decisions Archives

The Athens Court of Appeals did not take into account a affidavit that had not been submitted in accordance with the Code of Civil Procedure. Non-violation of access to court as its content emerged from the testimony of a witness at the hearing precedures

Article 6 - Par. 1
19/11/2020 15:23

The applicants in this case considered that the refusal by the court of appeal and the Court of
Cassation to take account of evidence which they considered as decisive for the outcome of the case
had been excessively formalistic. Those courts had considered that the documents in question had
not been presented to the court of appeal in accordance with the requirements of Article 240 of the
Greek Code of Civil Procedure.

The prosecution and lengthy proceedings against professors for the content of their report violated their freedom of expression, regardless of their acquittal

Article 10
04/11/2020 08:46

The case concerned two university professors (Mr Kaboǧlu and Mr Oran) who had been the target of various reactions following the publication of a report on minority

Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

Article 10
29/06/2020 06:49

JUDGMENT Bagirov v. Azerbaijan 25.06.2020 (no. 81024/12 and 28198/15) see here SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR

Article 3
28/06/2020 19:33

JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]

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.

1st P - Article 1
27/06/2020 14:43

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 […]

Business license is property protected by the European Convention of Human Rights

1st P - Article 1
22/06/2020 08:42

JUDGMENT Gospodăria țărănească Chiper Terenti Grigore v. Democracy of Moldova 02.06.2020 (no. 71130/13) see here SUMMARY Limits of state intervention in business activity. Mining operation permit is conceptually included in the property. The applicant company is engaged in the extraction of limestone, gravel and sand. In an investigation conducted by the competent Attorney General, the […]

Return, after a court decision with a delay, of confiscated drinks, when they became unsuitable for consumption. Violation of property rights

1st P - Article 1
13/06/2020 14:21

JUDGMENT Avendi OOD v. Bulgaria 04.06.2020 (no. 48786/09) βλ. εδώ SUMMARY Seizure of goods in criminal proceedings. Irrevocable decision on their return. Delay in their return. Right to property. The applicant company is active in the trade of alcoholic beverages. After search 26,748 liqueur bottles of Baileys was confiscated because they did not bear the […]

Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.

1st P - Article 1
11/06/2020 16:06

JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]

The delay in the return of unduly paid taxes and the unnecessary judicial actions of the tax authorities violated the right to property of the taxpayer!

1st P - Article 1
05/06/2020 06:51

JUDGMENT Antonov v. Bulgaria 28.05.2020 (appl. no. 58364/10) see here SUMMARY Tax refund and delay in court decision enforcement. A large amount of taxes was wrongly charged to the applicant. He appealed before the domestic courts, which acquitted him and ordered the competent tax authority to return the money. Nevertheless, the tax authority, without providing […]

Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

Article 6 - Par. 1
03/06/2020 09:03

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

Important Decisions