The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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Recall of a diplomat from her position due to pregnancy. The different treatment was justified to ensure the operation of the embassy.

JUDGMENT Napotnik v. Romania 20-10-2020 (app. no.  33139/13) see here  SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]

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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 delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

JUDGMENT  Kuzhelev and others v. Russia 15.10.2019 (no.  64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here  SUMMARY  Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred  to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

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Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18).  see here  SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

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Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here  SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

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The Court refused to protect the privacy of communications of an employee who harassed his girlfriend by sharing her photos with others via e-mails and messages!

JUDGMENT  Garamukanwa v. United Kingdom 06.06.2019 (no. 70573/17) see here  SUMMARY  Protection of correspondence and privacy. Harassment of a woman by sharing her photos through e-mails and messages to third parties by the applicant. Dismissal of the applicant from the National Health Service after a harassment investigation based on photos found on his iPhone and […]

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Dismissal of a train driver who went on strike led to a violation of his right of association

JUDGMENT  Ognevenko v. Russia 20.11.2018 (no.  44873/09) see here SUMMARY  The case concerned Mr Ognevenko’s dismissal as a train driver for disciplinary breaches, including taking part in a strike. The Court noted that train drivers and some other types of railway worker were included in occupations which were prohibited from striking. That restriction had not […]

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Nursing homes. Can they be characterised as the personal residence of the residents?Can they be exempted from social-security contributions ? The answers of Strasbourg

JUDGMENT  Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here   SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]

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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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