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Η άνω της 20ετίας καθυστέρηση για τον καθορισμό αποζημίωσης λόγω απαλλοτρίωσης, δημιούργησε αβεβαιότητα στους δικαιούχους και παραβίασε το δικαίωμά τους στην ιδιοκτησία

1st P - Article 1
08/01/2020 10:48

ΑΠΟΦΑΣΗ Zikatanova κ.α. κατά Βουλγαρίας της 12.12.2019 (αριθ. προσφ. 45806/11) βλ. εδώ ΠΕΡΙΛΗΨΗ Καθυστέρηση αποζημίωσης λόγω απαλλοτρίωσης για πάνω από 20 χρόνια! Παραβίαση του δικαιώματος στην ιδιοκτησία. Οι προσφεύγοντες στερήθηκαν την γεωργική γη τους λόγω απαλλοτρίωσης από το Υπουργείο Παιδείας. Το κράτος ακόμα και μετά την πάροδο 25 ετών, παρέλειψε να αποζημιώσει τους δικαιούχους είτε […]

The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

Article 8
06/01/2020 17:06

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here SUMMARY Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

Municipal councils are public authorities and are bound to tolerate stricter criticism. The intervener has the right to appeal, as does the defendant, since his freedom of expression has been violated. NGOs have the same level of protection as the press.

Article 10
05/01/2020 15:43

JUDGMENT Margulev v. Russia 08.10.2019 (no. 15449/09) see here SUMMARY The case concerned the head of a conservation NGO whose comments in a newspaper article were found to have defamed Moscow City Council. The Court first found that although the applicant was a third-party to the dispute rather than the direct object of the defamation […]

The imposition of a fine on the merging company for violations of the commercial code by the merged entity, based on the principle of business and financial continuity, did not violate the principle that the penalty should be imposed on the offender and not on others.

Article 6 - Par. 1
04/01/2020 16:51

JUDGMENT Carrefour France v. France 24.10.2019 (no. 37858/14) see here SUMMARY The case concerned a judgment against the company Carrefour France finding it liable and ordering it to pay a fine for acts committed by the company Carrefour hypermarchés France in breach of the Commercial Code. Further to an inspection by the Departmental Directorate for […]

Unjustified seizure of electronic data protected by lawyer-client professional secrecy, violates privacy

Article 8
03/01/2020 18:09

JUDGMENT Kırdök and others v. Turkey 03.12.2019 (no. 14704/12) see here SUMMARY In this case the applicants, who are lawyers, complained about the seizure of their electronic data by the judicial authorities for the purposes of criminal proceedings against another lawyer (Ü.S.), who had shared their office. The Court found, in particular, that the seizure […]

The removal of a child’s custody from his father, in the best interest of the child, did not violate the father’s right to family life

Article 8
02/01/2020 19:00

JUDGMENT Lacombe v. France 10.10.2019 (no. 23941/14) see here SUMMARY The case concerned proceedings for the return of a child to his mother in the United States under the Hague Convention. The Court found that the domestic courts had taken due account of the applicant’s allegations and that the decision-making process had been fair. The […]

Secret recording and video recording without a legal warrant for employee bribery. Violation of privacy. The fair trial was not infringed as the conviction was based on other evidence

Article 6 - Par. 1
01/01/2020 00:52

JUDGMENT Hambardzumyan v. Armenia 05.12.2019 (no. 43478/11) see here SUMMARY The case concerned the applicant’s complaint that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. The Court found in particular that the warrant had not been specific enough about the person who was the […]

Horizontal reduction in non-differentiated rent allowance to woman victim of domestic violence violates the ECHR

1st P - Article 1
30/12/2019 20:37

JUDGMENT J.D. and Α v. United Kingdom 24.10.2019 (no. 32949/17 and 34614/17) see here SUMMARY The case concerned the applicants’ complaint that new rules on housing benefit in the social housing sector (informally known as “the bedroom tax”) discriminated against them because of their particular situations: the first applicant cares for a disabled daughter while […]

Non-attendance of the party due to no service of summons violated the right to be heard

Article 6
28/12/2019 20:35

JUDGMENT Bacaksız v. Turkey 10.12.2019 (no. 24245/09) see here SUMMARY First-instance judgment in absence of the party. Non-service of a party to the Court of Appeal. Right to be heard. The applicant was involved in a car accident which caused injuries to the drivers involved. In the criminal court he was acquitted, but in the […]

The long-term ban on leaving the country has more serious consequences than that on a sitizen and violated the right to privacy. Extensive interpretation of criminal law and non-application of a more specific provision infringed Article 7 of the ECHR

Article 7
27/12/2019 18:24

JUDGMENT Parmak and Bakir v. Turkey 3.12.2019 (no. 22429/07 and 25195/07) see here SUMMARY Legislative gap, broad interpretation of criminal law and proportionality principle. The applicants were charged with being involved with a terrorist organization and were banned from leaving the country only after their sentence had been imposed. Due to a legislative gap in […]

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