On 20 December 2017, the Court of Justice of the European Union issued a judgment in the case C-467/17 between Brigitte Schlömp v Landratsamt Schwäbisch Hall, stating that, an situations in which it is mandatory to have recourse to conciliation proceedings, a Swiss conciliation authority responsible for dealing with civil actions constitutes a court for […]
Month: January 2018
European Court of Human Rights (Third Section) – Judgment 19 December 2017 – Sashchenko v. Russia – lack of specific amounts in the text of the judgment shall not be considered per se as an obstacle to enforcement – unreasonably long delay in the enforcement of a binding judgment may breach Article 6 – most appropriate form of redress in respect of the violations found would be to put the applicants as far as possible in the position they would have been if the Convention requirements had not been disregarded – Article 41
On 19 December 2017 the ECtHR (Third Section) issued a decision in the case of Sashchenko v. Russia on application n. 50877/06. Facts of the case: the applicant tried to enforce final domestic judgment against the State On 25 October 2002 the Military Court of the Vladikavkaz Garrison (“the Military Court”) ordered, inter alia, the head […]
Surveys on the functioning of Brussels I – Erasmus School of University Rotterdam, Asser Institute and Leibniz Institute
by Xandra Kramer Researchers from the Netherlands (Erasmus School of University Rotterdam, Asser Institute and Leibniz Institute) are conducting a project on Brussels I-bis, financed by an action grant of the European Commission. We are curious to know how the new rules of the Brussels Regulation on jurisdiction and the recognition and enforcement of civil […]
European Court of Human Rights (Fourth Section) – Judgement 19 December 2017 – Mandić and Popović v. Bosnia and Herzegovina – Enforcement of final domestic judgement after five years considered as belated under Article 6
On 19 December 2017 the ECtHR (Fourth Section) issued a decision in the case of Mandic and Popovic v. Bosnia and Herzegovina on applications nos. 73944/13 and 78987/13. Facts of the case By two judgments of the Banja Luka Court of First Instance of 17 October 2008 and 29 May 2009, which became final on […]
European Court of Human Right (Third Section) – Judgment 19 December 2017 – Milanovic v. Serbia – Overall duration of the proceedings of twenty-five years considered excessive and such as to fail to meet the “reasonable time” requirement – violation of Article 6
On 19 December 2017 the ECtHR (Third Section) issued a decision in the case of Milovanović v. Serbia on application n. 19222/16. Facts of the case On 2.8.2002 the plaintiffs instituted civil proceedings against their employer seeking payment of salary arrears and other employment-related benefits. On 8.2.2013, after two remittals the First Instance Court in Novi […]
