Politics

The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

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Dismissal of appeal as inadmissible for non-payment of court fees. Violation of the right to due process

JUDGMENT SEDRAKYAN v. Armenia 26.09.2023 ( app. no.  5337/13) SUMMARY The applicant’s residence was expropriated and auctioned. He brought an action for damages which was dismissed as inadmissible in the Court of Appeal for non-payment of court fees despite the fact that they had not been precisely determined by the court. The ECtHR found nothing […]

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Eight years for issuing a final civil decision! The credibility of the judicial system was undermined and the right of due process was violated

JUDGMENT Vanden Kerkhof v. Belgium 05.09.2023 (app. no. 13630/19) see here SUMMARY Correct and speedy administration of justice. The appellant had brought an action in the Belgian courts for annulment of a contract of sale. His case is pending in the appellate court and no decision has been issued after almost 8 years. The applicant […]

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The lack of sufficient reasoning in a basic claim of a party and the late notification of a summons for a court hearing violated the fair trial!

JUDGMENT Mont Blanc Trading Ltd and Antares Titanium Trading Ltd v. Ukraine 14.01.2021 (app. no. 11161/08). see here SUMMARY The case concerned a complaint filed by two companies for breach of fair trial. The ECtHR examined the action concerning the first applicant company, holding that the second company had no legal interest. In the domestic […]

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Expropriation of property. Principle of the single procedure. Violation of the right to respect for property

JUDGMENT Alfa Glass Anonymi Emboriki Etairia Yalopinakon v. Greece 28.01.2021 (app.no. 74515/13) see here SUMMARY Expropriation of property and compensation. Principle of the single procedure. During the expropriation process, the civil courts refused to consider the company’s objection, claiming that it was profitable due to the execution of the works related to the expropriation, as […]

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A judge has tried the same parties three times for the same facts. The same judge also rejected his request for exclusion! Conviction for bias!

JUDGMENT Mikhail Mironov v. Russia 06.10.2020 (app. no. 58138/09) see here   SUMMARY Judge impartiality. Fair trial. Objection of bias. A judge tried one criminal and two civil cases between the same parties and for the same facts. He also adjudicated his objection of exclusion and rejected it. A judge has tried the same parties three […]

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A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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δικηγόρος

Appeal resignation on behalf of the non-legally appointed representative of the appellant. Violation of the right of access to court

JUDGMENT Madžarović and others v. Montenegro 05.05.2020 (no.  54839/17 and  71093/17) see here  SUMMARY Right to appeal. The applicants are the CEO of the company and 2 subsidiaries. From the above mentioned, a third company was established, which concluded a loan agreement with the Bank, providing its shares in the common investment fund as collateral. […]

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δικηγόρος

The reasonable duration of the procedure is violated even if there is a contribution of the applicant to the delay, and the total duration is excessive

JUDGMENT Keaney v. Ireland 30.04.2020 (no. 72060/17) see here SUMMARY The case concerned a complaint about the length of civil proceedings following a failed business venture. It has also been chosen by the Court as a lead case in relation to the issue of effective domestic remedies in Ireland for complaints about excessive length of […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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