ECHRCaseLaw

Child’s return to father in Japan under the Hague Convention did not breach mother’s right to respect for family life

JUDGMENT Verhoeven v. France 28.03.2024 (app. no.  19664/20) see here SUMMARY The case concerned the decision of the French courts to order the return of the applicant’s son to Japan under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The applicant, a French national, had married a Japanese […]

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The refusal of the courts to examine the merits of the application for partial annulment of the order deprived the applicant of the right of access to a court in breach of Article 6 ECHR

JUDGMENT Hovanisyan v. Armenia 26.03.2024 (app. no. 16480/13) see here SUMMARY Grant of a plot of land to the applicant, for which a provisional certificate of ownership was issued and a certificate of state registration of title was pending. The applicant applied for registration of his title to the National Land Registry, but was refused […]

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The size of the criminal conviction against the defendant for defamation of a lawyer and law firm for his comments on a television show was disproportionate. Violation of freedom of expression

JUDGMENT Almeida Arroja v. Portugal 19.03.2024 (app. no. 47238/19) see here SUMMARY The case concerned Mr Almeida Arroja’s criminal conviction for aggravated defamation and causing offence to a legal entity. He had implied, during a broadcast on the television channel Porto Canal, that a legal opinion provided to a public hospital by a law firm, […]

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Denial of parental leave to a male police officer despite being the sole parent caring for a newborn. Conviction for prohibited discrimination and violation of family life

JUDGMENT Β.Τ. v. Russia 19.03.2024 ( app. no. 15284/2019) see here SUMMARY The applicant, a police officer, applied for parental leave after the birth of his daughter. The child’s mother, who was hospitalized, refused to care for the infant and the applicant was left as the only parent responsible for the care of the child. […]

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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 senior citizen with serious medical conditions received no help from the authorities. Violation of private life

JUDGMENT Toader v. Romania 12.03.2024 (app. no. 22415/22) see here SUMMARY The applicant, a 90-year-old pensioner, lived alone and suffered from serious orthopaedic conditions which made her unable to support herself. Following a visit to the applicant’s home to assess her living conditions and their compatibility with her medical condition, social workers from the local […]

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Failure of the authorities to protect the applicant’s reputation from intense criticism and attacks in the online media. Violation of private life

JUDGMENT Ungur v. Romania 12.03.2024 (app. no. 2156/16) see here SUMMARY Failure of national courts to protect the applicant’s reputation from attacks in the online media. The applicant, who was a well-known businessman and philanthropist in his town, filed a lawsuit against C.A., director of Bistrițeanul.ro (website), accusing him of extortion. Shortly after, Bistrițeanul.ro published […]

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Refusal to recognise a religious community because of similarities in its statutes with another religious association. Violation of religious freedom

JUDGMENT Föderation Der Aleviten Gemeinden in Österreich v. Austria 05.03.2024 (app. no. 64220/19) see here SUMMARY The applicant is an Alevi religious association in Austria. Its application for recognition as a religious community was rejected because of the similarities between its statutes and those of another similar religious association. On the basis of Articles 9 […]

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The process of recognizing an arbitral award took 17 years and 9 months! Breach of reasonable time

JUDGMENT Iliria S.R.L. v. Albania 05.03.2024 (app. no. 31011/09) see here SUMMARY On the 3rd of September 1993 the Albanian Government was ordered to pay to the applicant company ITL 8 239 million and an annual interest rate of 13 %, a debt which the Ministry of Finance stated it would repay after obtaining a […]

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Threat to dismiss an employee if he did not provide copies of his correspondence with the ECHR. Infringement of the right of individual appeal

JUDGMENT Boškoćević v. Serbia 05.03.2024 (app. no. 37364/10) see here SUMMARY The applicant was an employee of a national park in Kosovo*. He lodged an application with the European Court to complain about the non-enforcement of a judgment in his favour with regard to outstanding wages. The case essentially concerned his complaint that his managing […]

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ECHRCaseLaw
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