Legal entities

Dissolution of an association because its name contained an unrecognised nationality. Violation of freedom of association

JUDGMENT Association of People of Silesian Nationality v. Poland 14.03.2024 (app. no. 22415/22) see here SUMMARY The applicant, Association of People of Silesian Nationality, is an association, which was registered in 2011 and went into liquidation in 2016. Silesia is a historic region currently located in south-western Poland. According to the 2011 census nearly half […]

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A company administrator was acquitted for non-payment of insurance contributions as not exercising de facto management but for the same period he was convicted of tax violations by administrative courts as exercising management! Violation of the presumption of innocence

JUDGMENT Paiva De Andrada Reis v. Rortugal 07.11.2023 (app. no. 56564/15) see here SUMMARY Two decisions were issued against the applicant, one criminal and the other administrative. Both were about the same time period. In the criminal decision the applicant, as the manager of the company M., was acquitted by the criminal court of Lisbon […]

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Transmission by the prosecution to the Competition Commission of telephone tapping data on intercompany price-fixing. Article 8 of the ECHR was not violated

JUDGMENT Ships Waste Oil Collector B.V. v. the Netherlands 18.05.2023 (app. no. 2799/16) see here SUMMARY The applicant companies are active in construction and in the collection of liquid waste from ships in the area of the port of Rotterdam. Data obtained in the context of criminal investigations through wiretapping, following investigative acts, was forwarded […]

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Appellant’s complaint challenging an administrative decision by the criminal courts. The application was struck out from the list of the Court

JUDGMENT Stassart v. France 04.05.2023 (app. no. 79356/17) see here SUMMARY The case concerned the criminal proceedings for tax fraud brought against the applicant. He alleged that the discrepancy between the solution adopted by the criminal courts and that previously adopted by the administrative courts on the same issue, which was decisive for the outcome […]

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Abusive and arbitrary behavior during the search of a company by the Competition Commission. Violation of respect of the residence

JUDGMENT UAB Kesko Senukai Lithuania v. Lithuania 04.04.2023 (app. no.  19162/19)   see here SUMMARY  The applicant, UAB Kesko Senukai Lithuania, is a company based in Kaunas (Lithuania). It is mainly involved in retail. In April 2018 the Lithuanian Competition Council launched an investigation into suspected price fixing by six retailers, including Kesko Senukai Lithuania, in […]

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A religious organization with a misleading name. The refusal to recognize it as a legal entity did not violate the freedom of religion and of assembly

JUDGMENT Ilyin and others v. Ukraine 17.11.2022 (app. no. 74852/14) see here SUMMARY Justified refusal to register the religious community of the Unification Church as a legal entity on the grounds that the name may mislead believers and the general public. Necessary restrictions in a democratic society. The applicants belong to the Unitarian Church. They […]

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ιδιοκτησία

Seizure of company property without the existence of any legal procedures. Violation of the right to respect for property

JUDGMENT Theo National Construct S.R.L. v. Democracy of Moldova 11.10.2022 (app. no.  72783/11) see here SUMMARY The case concerned the hostile takeover (“raider attack”) and alleged seizure of possessions of a road construction company in which the applicant company had a 50 percent share, by another of its partner companies, controlled by a Moldovan businessman […]

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No legal standing of a private bank in legal proceedings and its inability to challenge the revocation of its license. Violation of fair trial and right to property

JUDGMENT Korporativna Targovska Banka AD v. Bulgaria 30.08.2022 (app. no. 46564/15 and 68140/16) see here SUMMARY The case concerned the withdrawal of the applicant bank’s licence by the Bulgarian National Bank and the resulting court proceedings in which it was ordered that it be wound up. In finding violations, the Court held, in particular, that: […]

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Failure of authorities to safeguard seized property in criminal proceedings. The castle was delivered in ruins! Violation of the right to property

JUDGMENT SCI Le Chateau du Francport v. France 07.07.2022 (app. no.  3269/18) see here SUMMARY The case concerned a château belonging to the applicant company (SCI Le Château du Francport), which had been seized as part of a judicial investigation into suspected offences before being returned to the applicant four years later in a state […]

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απαλλοτρίωση

Non-execution of court decisions for revocation of expropriations. Violation of the right to a fair trial. Greece’s condemnation

JUDGMENT The Church of Greece v. Greece 02.06.2022 (app. no. 25207/2013) see here SUMMARY Non-execution of irrevocable court decisions for lifting expropriations. Obligation for speedy execution of court decisions. The Athens Administrative Court of Appeal, with its decisions no. 1429/2001, 1430/2001, 1703/2001, 1704/2001 and 1705/2001  ordered the administration to take the appropriate measures to revoke […]

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