Persons Category

Conviction of journalist and publishing director for publishing an article on a journalist’s assassination violates the freedom of expression

JUDGMENT Magosso and Brindani v. Italy 16.01.2020 (no. 59347/11)  see here SUMMARY The case concerned the conviction for defamation of two applicants, a journalist and a publishing director, following the publication of an article concerning the murder of the journalist Walter Tobagi in 1980 by a terrorist group close to the Red Brigades. With regard […]

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Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

JUDGMENT Χ.  and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here  SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

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Arbitrary court decisions are equivalent to criminal justice. Arbitrary rejection of lawsuit claiming basic benefits violates the fair trial principal

JUDGMENT Lazarević v. Bosnia and Herzegovina 14.01.2020 (no. 29422/17) see here   SUMMARY Lawsuit for employee benefits. An arbitrary court ruling dismissed the lawsuit despite the legislative provision and earlier Supreme Court case law. Infringement of the fair trial principal. The applicant worked for a public railway company but was dismissed in 2012. He brought proceedings […]

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The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.

JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]

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No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

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

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 […]

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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.

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 […]

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

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 […]

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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

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 […]

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