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: ECHR
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 (Fourth Section) – Judgment 16 January 2018 – Ciocodeică v. Romania – Non-violation of Articles 6 and 13 – Ineffective enforcement of final judgement caused by the creditor’s lack of diligence
On 16 January 2018 the ECtHR issued a decision in the case Ciocodeică v. Romania (application no. 27413/09), concluding that there had not been a violation of Article 6 § 1 (right to a fair hearing within a reasonable time) of the European Convention on Human Rights, and of Article 13 (right to an effective […]
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 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 […]
European Court of Human Rights (Fifth Section) – CHENGELYAN AND OTHERS v. BULGARIA – 23 November 2017 – Violation of Article 6 par. 1 of the Convention – Right to a fair hearing – Just satisfaction
On November 23, 2017, the European Court of Human Rights issued a judgement in case Chengelyan and Others v. Bulgaria (application no. 47405/07). The case dealt with the question of just satisfaction following a judgment by the European Court of Human Rights concerning the applicants’ complaint about a final judgment in their favour not having been respected by […]
European Court of Human Rights (Fourth Section) – Scheszták v. Hungary – 21 November 2017 – Violation of Article 6 par. 1 of the Convention – Violation of the adversarial procedure principle
On November 21st 2017, the European Court of Human Rights, in the case of Scheszták v. Hungary (application no. 5769/11) held that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights. In 2007 Mr Scheszták, the applicant, filed an action against his former employer, […]
Visit by a delegation from the Court of Justice of the European Union to the European Court of Human Rights – 16 October 2017
A delegation from the Court of Justice of the European Union, headed by its President, Koen Lenaerts, paid a working visit to the European Court of Human Rights on 16 October 2017. The visiting judges took part in roundtable discussions with members of the Court and Registry. The discussions concerned recent case-law of the two […]
