The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

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Non-execution of a civil judgment within a reasonable time violates court access and the right to respect property

JUDGMENT Cristea v. Republic of Moldova 13.02.2019 (no. 35098/12) see here SUMMARY Non-execution of irrevocable court order for 11 years and fair trial. The applicant’s complaint that the final court order obliging the State to give him housing is pending for 11 years and has not been executed to date. No effective domestic remedy to […]

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The rejection of an appeal on the ground that a non-identical copy of the appeal was submitted before the court violated the right of access to a Court.

JUDGMENT Parol v. Poland  11.10.2018 (no. 65379/13) see here SUMMARY Rejection of an appeal and right of access to a court. The applicant’s appeal is inadmissible on the ground that the copy of the appeal lodged before the competent court was not identical to the original. The Court held that the applicant had exercised due […]

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The petition of a criminal court that a minor witness has committed the offense without being an accused can not produce a res judicata in a civil case and base its decision on that.

JUDGMENT Kožemiakina v. Lithuania 02.10.2018 (no. 231/15)  see here SUMMARY The civil court convicted the applicant of compensation for acts of her minor child, found on the basis of petitions in criminal proceedings in which her son was merely a witness and did not have the status of a party, nor of the accused. The […]

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Failure to enforce judicial decisions against US company Cargill: violation of applicants’ right to effective judicial protection

JUDGMENT  Bursa Barosu Başkanlığı and others v. Turkey 19.6.2018 (no. 25680/05) see here SUMMARY  The case concerned the failure to enforce numerous judicial rulings setting aside administrative decisions authorising the construction and operation of a starch factory on farmland in Orhangazi (a district of Bursa) by a US company (Cargill). The Court declared the application […]

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Supreme Court refusal to examine appeals. Infringement of court access.

JUDGMENT  Sultan v. Republic of Moldova 06.06.2018 (no. 17047/07) see here SUMMARY  Dismissal of appeal as unfounded. Refusal to examine an appeal by the Supreme Court. Infringement of Article 6 because the refusal of the Supreme Court to examine the applicant’s appeal had infringed his right of access to a court PROVISION Article 6 PRINCIPAL […]

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Failure to execute an irrevocable decision in order to demolish a building violates the fair trial. Obligation of the State to ensure enforcement of judgments also between individuals.

JUDGMENT  C.M. v. Belgium 13.03.2018 (no. 67957/12) see here   SUMMARY  Execution of decisions. Neighboring building in opposition  with town planning rules and a court decision to demolish it. Sale and transfer of the property from the neighbor to third parties. Ineffective help from the administration in order to force the neighbor to comply with […]

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Failure to execute an irrevocable decision to recover assets

JUDGMENT  Pavlovici v. Republic of Moldava  30.01.2018 (no.  5711/03) see here SUMMARY  Failure to enforce an irrevocable decision in favor of the applicant for the recovery of assets. Infringement of Article 6 § 1 (fair trial) and Article 1 of the First Protocol (protection of property) because the failure to enforce an irrevocable decision violates […]

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δίκαιη δίκη

The lack of respect for the principles of an adversarial trial violates the conditions of a fair trial

JUDGMENT Scheszták v. Hungary  21.11.2017 (no. 5769/11) see here   SUMMARY  In 2007 Mr Scheszták, the applicant, filed an action against his former employer, claiming unlawful dismissal. In his complaint to the European Court, he complained that the ensuing labour law proceedings were unfair. He alleged in particular that the Supreme Court had given judgment on […]

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