ECHRCaseLaw

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 […]

read more

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 […]

read more

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 […]

read more

Secret recording and video recording without a legal warrant for employee bribery. Violation of privacy. The fair trial was not infringed as the conviction was based on other evidence

JUDGMENT Hambardzumyan v. Armenia 05.12.2019 (no.  43478/11) see here SUMMARY The case concerned the applicant’s complaint that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. The Court found in particular that the warrant had not been specific enough about the person who was the […]

read more

Horizontal reduction in non-differentiated rent allowance to woman victim of domestic violence violates the ECHR

JUDGMENT J.D. and Α v. United Kingdom 24.10.2019  (no. 32949/17 and 34614/17) see here   SUMMARY The case concerned the applicants’ complaint that new rules on housing benefit in the social housing sector (informally known as “the bedroom tax”) discriminated against them because of their particular situations: the first applicant cares for a disabled daughter while […]

read more

Non-attendance of the party due to no service of summons violated the right to be heard

JUDGMENT Bacaksız v. Turkey  10.12.2019 (no. 24245/09) see here  SUMMARY First-instance judgment in absence of the party. Non-service of a party to the Court of Appeal. Right to be heard. The applicant was involved in a car accident which caused injuries to the drivers involved. In the criminal court he was acquitted, but in the […]

read more

The long-term ban on leaving the country has more serious consequences than that on a sitizen and violated the right to privacy. Extensive interpretation of criminal law and non-application of a more specific provision infringed Article 7 of the ECHR

JUDGMENT Parmak and Bakir v. Turkey 3.12.2019 (no. 22429/07 and 25195/07) see here  SUMMARY Legislative gap, broad interpretation of criminal law and proportionality principle. The applicants were charged with being involved with a terrorist organization and were banned from leaving the country only after their sentence had been imposed. Due to a legislative gap in […]

read more

Retroactive withdrawal of pensions that were granted over a long period, undermines legal certainty and infringes property rights

JUDGMENT Romeva v. North Macedonia 12.12.2019 (no. 32141/10) see here SUMMARY Peaceful enjoyment of property rights. Pension. Retrospective recall. Social insurance. The applicant, after legal proceedings, was granted a pension. The Fund, 7 years after retirement, re-examined the data and retrospectively withdrawn the pension without thorough scrutiny of the evidence. According to the ECtHR, any […]

read more

The seizure of computers do not consist evidence in criminal proceedings and the lengty and unnecessary retention of the seizure of assets violated the right to property

JUDGMENT OOO SK Stroykompleks and others v. Russia 17.12.2019 (no. 7896/15 and 48168/17) see here SUMMARY Proportionality principle and freezing of assets. Long and unnecessary confiscation of movable property. Violation of the right to property. The applicant companies and their principal shareholder have been frozen by their referral of the major shareholder of the companies […]

read more

The right of ownership was not violated by the revocation of the transfer of immovable property acquired by a non-owner. Deprivation of property must ensure a fair balance between the general interest and the individual right

JUDGMENT Maltsev and others v. Russia 17.12.2019 (no. 77335/14, 77417/14 and 77421/14) see here  SUMMARY The applicants acquired, through purchase and distribution, ownership of agricultural parcels and registered the relevant titles in the National Land Registry. The transfer was canceled because it was proved within a reasonable time, before investing in the land they purchased, […]

read more
ECHRCaseLaw

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Decline all Services
Accept all Services