JUDGEMNT Sailing Club of Halkidiki ‘I Kelyfos’ v. Greece 21/11/2019 (applications nos. 6978/18 and 8547/18) see here SUMMARY Halkidiki-based sailing group ” I Kellifos” has appealed to the Council of State due to a gradual increase in the mooring and berthing fees . That Court, after a series of postponements, dismissed the appeal because of a […]
Non enforced housing court decision. The right to bring an action for the non-enforcement of the judgment and the existence of favorable case-law on compensation. The application is inadmissible.
JUDGMENT Bouhamla v. France 18.07.2019 (no. 31798/16) see here SUMMARY The case concerned the enforcement of a final judicial decision granting housing to the applicant under the law on the enforceable right to housing. The applicant was ultimately rehoused but he failed to apply to the administrative courts for compensation in respect of the period […]
Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.
JUDGMENT Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here SUMMARY Violation of the fair trial by the administrative courts. Reasoning of court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]
The continuing case-law differentiation between the Chambers and the plenary session of the Council of State on the same subject violates the principle of legal certainty and fair trial
JUDGMENT Sine Tsaggarakis A.E.E. v. Greece 23-05-19 (no. 17257/13) see here SUMMARY The case concerned divergences between the case-law of the Fourth and Fifth Sections of the Greek Supreme Administrative Court and also between the plenary Supreme Administrative Court and its Fourth Section. The proceedings concerned an application for judicial review brought by the applicant […]
First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality
JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]
Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial
JUDGMENT Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]
National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.
JUDGMENT Repcevirag Szövetkezet v. Hungary 30.04.2019 (no. 70750/14) see here SUMMARY National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]
Unfair establishment of a Court of Appeal due to an illegal appointment of a judge. Infringement of Article 6 of the ECHR
JUDGMENT Guðmundur Andri Ástráðsson v. Iceland 12.03.2019 (no. 26374/18), see here SUMMARY The case concerned the applicant’s allegation that the new Icelandic Court of Appeal (Landsréttur) was not established by law. The Court found in particular that the process by which a judge was appointed to the Court of Appeal had amounted to a flagrant […]
The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent
JUDGMENT Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here SUMMARY Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]
The authorities’ complete and prolonged failure to act following the occupation of a building by housing activists, without any legal title, breached the Convention
JUDGMENT Casa di Cura Valle Fiorita S.r.l. v. Italy 13.12.2018 (no. 67944/13) see here SUMMARY The case concerned the applicant company being unable to recover possession of a building in Rome that had been occupied since 2012, without any legal title, by a group of housing activists (movimento lotta per la casa). A final and enforceable judicial […]