JUDGMENT Lazarenko and others v. Ukraine 27-06-2017 (no. 70329/12, 9041/13, 9755/13, 15901/13, 27320/13 and 61147/14) see here SUMMARY Failure to communicate the appeal to the parties in a case involving their pensions constitutes an infringement of the right to be heard. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicants, Gayana Lazarenko, Mykola Demskyy, Lyudmyla […]
JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]
JUDGMENT Bigashev v. Russia 27-06-2017 (no.71444/13) see here SUMMARY Non-execution of court decisions. The applicant complained that work carried out on a public road near his home resulted in his property being flooded several times – and that the local authorities did not enforce a court order to carry out repairs in order to avoid further […]
JUDGMENT Sturm v. Luxembourg 22-06-2017 (no. 55291/15) see here SUMMARY Right to a fair trial. Rejection of the appeal and of the 14 ground of appeals as unjustified. The ECtHR has ruled that there is no violation by the national courts. PROVISION Article 6 PRINCIPAL FACTS The applicant, Robert Sturm, is a Luxembourg national who […]
JUDGMENT Ramljak v. Croatia 27-06-2017 (no. 5856/13) see here SUMMARY Unbiased court. The judge who chaired was the father of a apprentice lawyer, who was recruited by the law firm representing the plaintiff’s litigants in a dispute concerning a will, and as the result her actions were dismissed. The European Court of Human Rights held […]
JUDGMENT Centre for Development of Analytical Psychology Ltd v. ‘the former Yugoslav Republic of Macedonia 15-06-2017 (no.29545/10 and 32961/10) see here SUMMARY Preveting businesses to access judicial authorities violates the right to a fair trial. The lower limit of the subject-matter of the lawsuit for injunction hinders access to a court. PROVISION Article 6 par. 1 […]
JUDGMENT Żuk v. Poland (no. 48286/11)30-5-2017 see here SUMMARY Non-execution of court decision. The municipality did not execute irrevocable court order to transfer property to the applicant. The ECtHR held that there had been a violation of the applicant’s fair trial and property rights. PROVISION Article 6 § 1 Article 1 of the First Additional […]
JUDGMENT Schmidt v. Latvia 27.04.2017 (no. 22493/05) see here SUMMARY Access to court. Divorce proceedings. In absentia. Violation of a fair trial. The case concerns the applicant’s complaint about breaches of divorce proceedings. Based on Article 6 § 1 (right to a trial and access to court), she claimed that she had been unaware of […]
JUDGMENT Magomedov and others v. Russia 28-03-2017 (no. 33636/09, 34493/09, 35940/09, 36054/09, 37441/09, 38237/09, 45415/09, 50333/09, 28480/13, and 28506/13) see here SUMMARY Violation of a fair trial. Accepting an out-of-date appeal. The applicants had taken part in the emergency operations in Chernobyl. At different dates, the applicants filed a lawsuit against the national authorities, disputing […]
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