EUCP

Cases, Materials and News on European Civil Procedure

Category: Right to be heard

European Court of Human Rights (Second Section) – Judgment 20 February 2018 – Vujović and Lipa D.O.O. v. Montenegro – right to effective access to the courts of appeal when set up by the Contracting States – limitations on the right to be heard may be laid down only when proportionality test is respected

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 […]

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 […]

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 […]

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