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 […]

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Canceling access to a court due to continuous postponements. The condemnation of the Court and how the Greek court has decided that there is no longer any reason to examine the case because of the postponements it has given itself!

JUDGMENT Frezadou v. Greece  8.11.2018 (no. 2683/12) see here   SUMMARY Application for the annulment of a nursery teacher before the Athens Administrative Court of Appeal. Termination of the trial without a decision. Right of access to a court. The applicant, a nursery teacher had applied for the position of educational coordinator abroad . She was […]

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Employment-related disputes are not excluded from the scope of “private life”. The dismissal of a judge from his post as President of the Court due to his inability to carry out his managerial duties.

JUDGMENT Denisov v. Ukraine 25.09.2018 (no. 6639/11) see here  SUMMARY  The case concerned the applicant’s removal from the post of president of the Kyiv Administrative Court of Appeal. The Court found that the way that the High Council of Justice had first dismissed Mr Denisov as president of the court owing to managerial inefficiency and […]

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Lack of impartiality of a court where military officers participated in its bench in a appeal against the army

JUDGMENT  Kasat v. Turkey 11.09.2018  (no.  61541/09) see here SUMMARY Medical health issue during military service and lack of impartiality on the part of the Supreme Military Administrative Court, which dismissed an action for damages against the army. No violation of the right to privacy due to adequate medical examination of the applicant by the […]

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Disciplinary sanctions and the violation of the fair trial by the national court that did not postpone the examination of the case and declared the Cancellation Application unacceptable

JUDGMENT Vathakos v. Greece 28.06.2018 (no. 20235/11) see here  SUMMARY  Disciplinary sanctions against a secondary school teacher for violation of professional duties. Convicted by a disciplinary court. No objection to the decision. After the expiry of the deadline for objection by the official, the Minister of Education raised an objection to the imposition of a […]

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Legitimate hospitalization in a psychiatric hospital without the will of the patient

JUDGMENT  Guelfucci v. France  26.07.2018 (no. 31038/12) see here   SUMMARY  The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

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Violation of right to a fair hearing for lack of full judicial review of the lawfulness of a dismissal

JUDGMENT  Aleksandar Sabev v. Bulgaria 19.07.2018 (no. 43503/08) see here SUMMARY The case concerned judicial proceedings brought by the applicant, a military intelligence officer, to challenge the lawfulness of his dismissal after his clearance to access classified information had been withdrawn. The Court found that the lawfulness of Mr Sabev’s dismissal depended entirely on whether […]

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The abolition of law in the process of examining a pending case violates the fair trial

JUDGMENT  Topal v. the Republic of Moldova 03.07.2018 (no. 12257/06) see here   SUMMARY The case concerned judicial proceedings relating to the pension entitlement of Mr Topal, a former President of the Gagauz Republic. During the proceedings, the People’s Assembly of Gagauzia set aside the local law (no. 36-XIX/II) on which Mr Topal was basing his […]

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Ireland’s restrictions on mussels company were fair and in line with Convention

JUDGMENT  O’Sullivan McCarthy Mussel Development Ltd v. Ireland  07.06.2018 (no. 44460/16) see here SUMMARY  The case concerned the company’s complaint that the Irish Government had caused it financial losses by the way it had complied with European Union environmental legislation. The company fishes for immature mussels (mussel seed), and then cultivates and sells them when […]

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