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Conviction of the applicant by the Second Instance Court, following an appeal brought by the Prosecutor in an acquittal decision. The court has violated the principle of fair trial because it did not re-examine the co-defendants and witnesses, but was content with their initial statements.

JUDGMENT  Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]

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The deprivation of the applicant’s right to attend a hearing has violated his right to equality of arms and the right to be heard

JUDGMENT Prebil v. Slovenia 19.03.2019 (no. 29278/16) see here SUMMARY Deprivation of of membership of a company member by the Board of Directors and dismissal  without notice and in absentia. Ratification of a judgment by national courts. Refusal of the Courts for the applicant’s participation in the hearing. The European Court of Human Rights held that the […]

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Retroactive application of a law in a trademark protection case violated the Convention

JUDGMENT Kamoy Radyo Televizyon Yayıncılık ve Organizasyon A.Ş. v. Turkey 16-04-2019 (no. 19965/06) see here SUMMARY The case concerned the applicant company’s proceedings to protect a trademark, which led to the domestic courts applying a piece of legislation retroactively and its action being rejected. The Court noted that the Turkish Constitutional Court had subsequently annulled […]

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Cartels of construction companies, unfair competition and evidentiary process. The principle of a fair trial in the whole process

JUDGMENT SA-Capital Oy v. Finland 14.02.2019 (no. 5556/10) see here SUMMARY  The case concerned the applicant company’s complaint that Finland’s Supreme Administrative Court had relied on hearsay evidence about its role in an asphalt cartel and had increased a fine on it. The Court found that the Supreme Administrative Court, which had been dealing with […]

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πρόσβαση σε δικαστήριο

Preventing companies to access judicial authorities is contrary to the ECHR

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 […]

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ECHRCaseLaw

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