EUCP

Cases, Materials and News on European Civil Procedure

Day: July 11, 2017

Italian Supreme Court (First Section), Judgment 15 June 2017, n. 14878 – no violation of (international) public policy of an amendment (rettifica) of a birth certificate of a son only of a woman, then married to another woman

The Italian Supreme Court (First Section) has ruled out any violation of the (international) public policy of an amendment (rettifica), in Italy, in conformity with the corresponding English deed already validly amended, of the birth certificate of an under-age child, originally registered as son only of an Italian woman and then, also of another woman, […]

European Court of Human Rights (Fourth Section) – Albertina Carvalho e Filhos Lda v. Portugal – 4 July 2017 – denial of the applicant’s alleged abuse of its right of individual petition – excessive length of the proceedings – violation of Article 13 of the Convention on account of the lack of a remedy under domestic law

The European Court of Human Rights (Fourth Section), in the case Albertina Carvalho e Filhos Lda v. Portugal – 4 July 2017 – found that the lenght of the overall enforcement proceedings (instituted on 18 July 2005 and ended in September 2014) was excessive and did not meet the ‘reasonableness’ requirement referred to in Art. 6 […]

European Court of Human Rights (Third Section) – Chepinoga and Others v. Russia – 6 July 2017 – breach of Article 6 § 1 of the Convention concerning the applicants’ absence from civil proceedings

The European Court of Human Rights (Third Section), in the case Chepinoga and Others v. Russia – 6 July 2017, found that the applicants, detainees at the time of the events, were not afforded an opportunity to attend hearings in civil proceedings to which they were parties. The Court, by referring ot its previous case law (Steel […]

European Court of Human Rights (Fifth Section) – Dyachenko and Others v. Ukraine – 6 July 2017 – excessive length of the proceedings and lack of an effective remedy

The European Court of Human Rights (Third Section), in the case Dyachenko and Others v. Ukraine – 6 July 2017, after considering that the complaints raised by the applicants in application no. 26417/08 concerning the proceedings between 27 March 1997 and 10 September 1997 were incompatible ratione temporis and thus must be rejected in accordance with Article 35 […]

European Court of Human Rights (Third Section) – Shmatko and Others v. Russia – 6 July 2017 – Non-enforcement or delayed enforcement of domestic decisions constitute violation of Article 6

The European Court of Human Rights (Third Section), in the case Shmatko and Others v. Russia – 6 July 2017, found that, since execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6, non-enforcement or delayed enforcement of domestic decisions constitute violation of […]

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