On 20 February 2018 the ECtHR issued a decision in the case Vujović and Lipa D.O.O. v. Montenegro (application no. 18912/15), concluding that there had been a violation of Article 6 § 1 (right to effective access to the courts of appeal in civil cases when set up by the contracting State) of the European […]
Category: Access to justice
European Court of Human Rights (Second Section) – Judgment 30 January 2018 – Brajović and Others v. Montenegro – Violation of Art. 6 (1) of the Convention – right to have any claim relating to civil rights and obligations brought before a court or tribunal – costs related to criminal proceedings
On 30 January 2018 the ECtHR issued a decision in the case Brajović and Others v. Montenegro (application no. 52529/12), concluding that there had been a violation of Article 6 § 1 (right to have any claim relating to civil rights and obligations brought before a court or tribunal) of the European Convention on Human […]
European Court of Human Rights (Fifth Section) – Judgment 21 December 2017 – Feldman and Slovyanskyy Bank v. Ukraine – decisions taken by administrative authorities which determine civil rights and obligations must be subject to subsequent control by a judicial body that has full jurisdiction and that provides the guarantees of Article 6
On 21 December 2017 the ECtHR (Fifth Section) issued a decision in the case of Feldman and Slovyanskyy Bank v. Ukraine on application n. 42758/05. Facts of the case The case originated in an application by a Ukrainian national, Mr Borys Mordukhovych Feldman, and Slovyanskyy Commercial Joint-Stock Bank. The first applicant was the vice-president, founder […]
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 […]
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 […]
Procedural Review in European Fundamental Rights Cases (eds. J. Gerards, E. Brems) – Cambridge University Press – 2017
The book edited by J. Gerards and E. Brems (Cambridge University Press, 2017) offers an in-depth analysis of the procedural review by supranational courts deciding fundamental rights cases, highlighting its foundations, rationale and value, as well as providing examples of application in a comparative perspective (and thus referring to procedural review by the ECtHR, the CJEU […]
Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States
Mr Maximilian Schrems has started legal proceedings against Facebook Ireland Limited before a court in Austria, alleging that the company has infringed his privacy and data protection rights. Seven other Facebook users (domiciled in Austria, other EU Member States, and in non-member States) assigned their claims for allegations of the same infringements to him in […]
CJEU Judgment – C-670/15 – 26 July 2017, in Jan Salplachta – Access to justice in cross-border disputes – Directive 2003/8/EC – Minimum common rules relating to legal aid granted for such disputes – Scope – Legislation of a Member State providing that the costs of translation of the supporting documents necessary for the processing of a legala id application are not reimbursable
The European Court of Justice (Fifth Chamber) in the case C-670/15, 26 July 2017, Jan Salplachta (Request for a preliminary ruling under Article 267 TFEU from the Bundesarbeitsgericht – Federal Labour Court, Germany -, made by decision of 5 November 2015, received at the Court on 15 December 2015), ruled that: Articles 3, 8 and 12 […]
