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: Procedural rights
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 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) – 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. […]
Opinion of Advocate General Bobek, 7 September 2017, in the Case C 298/16 Teodor Ispas Anduța Ispas v. Direcția Generală a Finanțelor Publice Cluj – Article 41 CFR of the EU – Tax assessment notices establishing value added tax due – Procedural rights of taxpayers in the national procedure for collection of value added tax – Scope of application of EU fundamental rights – Rights of the defence – Article 41 of the CFR of the EU – Right to be heard – Access to the file – Right to have access to information and documents forming the basis of a decision
The Advocate General Bobek, in the Case C‑298/16 Teodor Ispas Anduța Ispas v. Direcția Generală a Finanțelor Publice Cluj (Request for a preliminary ruling from the Curtea de Apel Cluj – Court of Appeal, Cluj, Romania -), has rendered on 7 September 2017 the following Opinion: The general principle of respect for the rights of the defence […]
