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Seizure and sale of products due to illegal inventory. Disproportionate interference with the right to peaceful enjoyment of possessions

1st P - Article 1
15/02/2021 13:49

JUDGMENT Aktiva DOO v. Serbia 19.01.2021 (app. no. 23079/11) see here SUMMARY Seizure and sale of goods. Right to peaceful enjoyment of possessions and excessive burden. Following an inspection of the applicant company’s warehouses, the State authorities seized goods for non-inventory. The goods were sold to other companies. The criminal proceedings against the CEO of […]

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

1st P - Article 1
15/02/2021 13:07

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 […]

Dismissal of a court judge due to non-justification and concealment of her property. The Court did not acquit her!

Administrative
15/02/2021 12:50

JUDGMENT Xhoxhaj v. Albania 09.02.2021 (app. no. 15227/19) see here SUMMARY The case concerned a Constitutional Court judge who had been dismissed from office following the outcome of proceedings commenced in relation to her, as part of an exceptional process for the reevaluation of suitability for office of all judges and prosecutors in the country, […]

The role of the editor-in-chief and his responsibility for the published articles. Temporary detention and conviction for publishing articles. Violation of the ECHR

Article 10
14/02/2021 18:48

JUDGMENT Mehdi Tanrikulu v. Turkey (no. 2) 19.01.2021 (app. no. 33374/10) see here SUMMARY Freedom of expression and the right to personal freedom of the journalist. The role of editor-in-chief in the newspaper and his responsibility for publishing articles written by other journalists. The applicant, editor-in-chief of a Kurdish-language newspaper published in Turkey, was indicted, […]

Cancellation of apartment purchase according to domestic law with simultaneous return of the sale price. The right to property was not violated

1st P - Article 1
14/02/2021 10:04

JUDGMENT Grozdanić and Gršković-Grozdanić κατά v. Croatia 28.01.202 (app. no. 43326/13) see here SUMMARY Property right, cancellation of purchase with return of the sale price and proportionality of intervention. By court decisions, the purchase and sale of real estate of the applicants who were beneficiaries of housing was annulled. The apartment was initially leased to […]

The imposition of restrictive conditions does not constitute a penalty. Non-granting of legal aid to a destitute prisoner. Unfair trial

Article 6
13/02/2021 18:39

JUDGMENT Timofeyev and Postupkin v. Russia 19.01.2021(app. no. 45431/14 and 22769/15) see here SUMMARY Restrictive conditions on dangerous criminals, right of free movement. Providing legal assistance to a needy prisoner and a fair trial. The case concerned the administrative surveillance of the applicants after they had served their prison sentences. The Court found in particular […]

Revocation of citizenship and deportation of a father of 4 children after 10 years, because he did not write the names of his brothers in the citizenship application! Violation of the right to respect for his family life

Article 8
13/02/2021 10:54

JUDGMENT Usmanov v. Russia 22.12.2020 (app. no. 43936/18) see here SUMMARY The case concerned a national of Tajikstan’s complaint about decisions to revoke his Russian citizenship and remove him from Russian territory. Mr Usmanov was granted Russian citizenship in 2008, but it was revoked ten years later when the authorities discovered that he had omitted […]

Fines imposed on ex officio lawyers for contempt of court for refusing to perform their duties. The fines are not criminal but disciplinary. Non-violation of the ECHR

Article 6
13/02/2021 10:43

JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 22.12.2020 (app. no. 68273/14 and 68271/14) see here SUMMARY The case concerned two lawyers who were fined in absentia by the district court for contempt of court because they had withdrawn from their roles as defence lawyers in a criminal trial. In spite of the district […]

Prolonged detention of Turkish journalists for publications criticizing the political regime. Violation of rights to personal freedom and freedom of expression

Article 10
13/02/2021 10:30

JUDGMENT Sabuncu and others v. Turkey 10.11.2020 (app. no. 23199/17) see here SUMMARY Right to freedom and security and right to freedom of expression. The 10 applicants, journalists of a well-known newspaper published in Turkey, were accused of propaganda in favor of a terrorist organization. In particular, they were prosecuted on the grounds that the […]

Journalist versus journalist! Conviction for compensation for posting articles with offensive comments. The style of the texts has the same protection as their content! Violation of freedom of expression

Article 10
12/02/2021 19:31

JUDGMENT Gheorghe–Florin Popescu v. Romania 12.01.2021 ( app. no. 79671/13) see here SUMMARY The case concerned the domestic authorities’ decision to order the applicant, a journalist, to pay damages for having published five blog posts criticising L.B., another journalist who was the editor-inchief of a newspaper in the Desteptarea media group and producer for a […]

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