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Cases, Materials and News on European Civil Procedure

Category: ECHR

European Court of Human Rights (Fifth Section) – Goldnagl v. Austria – 7 September 2017 – overall duration of the proceedings of twenty-five years and more than eleven months, notwithstanding its complexity, considered excessive and such as to fail to meet the “reasonable time” requirement – violation of Article 6 par. 1 of the Convention – no causal link between the violation found and the pecuniary damage alleged, but non pecuniary damage suffered to be compensated on an equitable basis

The European Court of Human Rights (Fifth Section), in the case Goldnagl v. Austria – 7 September 2017 (Application no. 6822/12) was faced with a complaint of a violation of the “reasonable time” requirement ex Article 6 par. 1 of the Convention in respect of a proceedings on spousal maintenace started in 1991 and still pending. […]

European Court of Human Rights (First Section) – Ezegeta v. Croatia – 7 September 2017 – proceedings conducted by a court administrator (Buje Municipal Court) not authorised under the relevant domestic law to conduct such proceedings and not to be regarded as a “tribunal established by law” – violation of Article 6 par. 1 of the Convention – the most appropriate form of redress in case of violation of Article 6 would be not a pecuniary sanction but to reopen the proceedings in due course and re examine the case in keeping with all the requirements of a fair hearing

The European Court of Human Rights (First Section), in the case Ezegeta v. Croatia – 7 September 2017 (Application no. 40562/12) was faced with a complaint that the decision was rendered by a court not to be regarded as a “tribunal established by law” in the sense of Article 6, par. 1 of the Convention. By […]

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