Article 34/35 - Individual applications and Admissibility criteria

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Cases selected for updating the Case-Law Guide.

The J. Paul Getty Trust and Others v. Italy, no. 35271/19

02/05/24

Article 34: applicant trust sufficiently affected by a confiscation order despite it not being enforced yet.
Judgment | Legal Summary


Guðmundur Gunnarsson and Magnús Davíð Norðdahl v. Iceland, nos. 24159/22 and 25751/22

16/04/24

Article 35: exhaustion of domestic remedies on the basis of a general provision providing a judicial remedy but in the absence of domestic case-law to that effect.
Judgment


Carême v. France (dec.) [GC], no. 7189/21

09/04/24

Article 34: lack of sufficient action to mitigate climate change – the victim status of an individual.
Decision | Legal Summary


Duarte Agostinho and Others v. Portugal and 32 Others (dec.) [GC], no. 39371/20

09/04/24

Article 35: exhaustion of domestic remedies in the context of climate change.
Decision | Legal Summary


Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20

09/04/24

Article 34: lack of sufficient action to mitigate effects of climate change - locus standi of an association of older women concerned about the consequences of global warming and victim status of four individual women.
Judgment | Legal Summary


Boronenkov v. Ukraine (dec.), no. 9987/14

02/04/24

Article 35: first application of the “no-significant disadvantage” criterion with respect to Article 11.
Decision


Mehmet Zeki Doğan v. Türkiye (no. 2), no. 3324/19

13/02/24

Article 35: application of the six-month rule to reopened criminal proceedings.
Judgment | Legal Summary


Narbutas v. Lithuania, no. 14139/21

19/12/23

Article 35: failure to lodge a civil claim to obtain redress for an alleged breach of the presumption of innocence by public officials’ statements. Exhaustion of domestic remedies.
Judgment


Communauté genevoise d'action syndicale (CGAS) v. Switzerland [GC], no. 21881/20

27/11/23

Article 34 and 35 § 1: unjustified abandonment by the applicant association of an application for holding a public event in view of a Covid-19 related ban; victim status and compliance with the exhaustion requirement.
Judgment | Legal Summary


Ghazaryan and Bayramyan v. Azerbaijan, no. 33050/18

05/10/23

Article 34: existence of exceptional circumstances allowing applicants to lodge the application, without written authority, in the name and on behalf of their vulnerable son, with mental health issues and in detention. Locus standi.
Judgment | Legal Summary


Asgarova and Veselova v. Armenia (dec.), no. 24382/15

12/09/23

Article 34: lack of exceptional circumstances allowing applicants to lodge the application in the name and on behalf of their partners without written authority. Locus standi.
Decision | Legal Summary


Hasanov and Others v. Azerbaijan (dec.), nos. 2059/16 and 3 others

12/09/23

Article 34: victim status retained but matter resolved following the annulment of the applicants' criminal convictions, their acquittal and compensation.
Decision


Calvi and C.G. v. Italy, no. 46412/21

06/07/23

Article 34: locus standi of a relative to act on behalf of an elderly person under legal protection.
Judgment | Legal Summary


Blazheski v. North Macedonia (dec.), no. 38692/16

04/07/23

Article 35: scope of "the rights and responsibilities of a private law character" for the purpose of the applicability of Article 5 of Protocol No. 7. Compatibility ratione materiae.
Decision


Bryan and Others v. Russia, no. 22515/14

27/06/23

Article 35: Inter-state arbitration proceedings under the UN Convention on the Law of the Sea do not constitute "another procedure of international investigation or settlement".
Judgment


Nurcan Bayraktar v. Türkiye, no. 27094/20

27/06/23

Article 34: applicant suffering directly from the consequences of the legal provision at stake by the mere fact that she belonged to the category of divorced women likely to remarry. Victim status.
Judgment | Legal Summary


Chennouf and Others v. France (dec.), no. 4704/19

20/06/23

Article 34: acknowledgment of a responsibility and ex gratia awards made to the applicants for the killing of their relative by a non-State actor. Loss of victim status.
Decision


Margari v. Greece, no. 36705/16

20/06/23

Article 37: examination of the case despite the applicant's lack of contact with her representative.
Judgment


Sperisen v. Switzerland, no. 22060/20

13/06/23

Article 35: dies a quo in the context of a recusal request. Six-months.
Judgment


Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others

06/06/23

Article 35: limits of the Court’s jurisdiction with respect to acts or omissions spanning across the date on which a respondent State ceased to be a Party to the Convention.
Decision | Legal Summary


FU QUAN, s.r.o. v. the Czech Republic [GC], no. 24827/14

01/06/23

Article 35: access to court and the requirement to exhaust domestic remedies.
JudgmentLegal Summary


Grosam v. the Czech Republic [GC], no. 19750/13

01/06/23

Articles 34 and 35: distinction between complaints and secondary arguments and the consequent delimiting of the Court’s ability to recharacterise a complaint.
JudgmentLegal Summary 


A.M. and Others v. Poland (dec.), nos. 4188/21 and 7 others

16/05/23

Article 34: in abstracto complaints without convincing evidence that applicants at real risk of being directly affected by amendments effectively banning access to legal abortion on foetal malformation grounds. Victim status.
Decision | Legal Summary


Ferrara and Others v. Italy (dec.), nos. 2394/22 and 18 others

16/05/23

Article 35: unjustified fragmentation of domestic enforcement proceedings, multiplying awards of legal fees to lawyer applicants and extending length of proceedings. Abuse of the right of application.
Decision | Legal Summary


Chief Rabbinate of the Jewish Community in Izmir v. Türkiye, no. 1574/12

21/03/23

​Article 34: locus standi of the Chief Rabbinate despite lack of legal personality.
Judgment


Szaxon v. Hungary (dec.), no. 54421/21

21/03/23

Article 35: new compensatory remedy for the protractedness of civil proceedings considered effective and requiring exhaustion.
DecisionLegal Summary


Mamasakhlisi and Others v. Georgia and Russia, nos. 29999/04 and 41424/04

07/03/23

​Article 35: six months’ time-limit assessed taking into account the applicants’ vulnerability.
Judgment


Croatian Radio-Television v. Croatia, no. 52132/19 and 19 others

02/03/23

​Article 34: locus standi of a public broadcaster.
JudgmentLegal Summary


Kreyndlin and Others v. Russia, no. 33470/18

31/01/23

Article 38: expiration of domestic statutory time-limit for storage of materials not constituting a reasonable explanation for the failure to comply with the Court’s request to provide documents.
Judgment


Sorbalo v. the Republic of Moldova (dec.), no. 1210/10

31/01/23

Article 34: annulment of a judge's dismissal and reinstatement in his post. Loss of victim status.
Decision


Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16 and 2 others

25/01/23

Article 35: relevance of non-domestic remedies in an inter-State case for the purposes of the application of the six-month rule.
Decision | Legal Summary


Khural and Zeynalov v. Azerbaijan (no. 2), no. 383/12

19/01/23

Article 34: locus standi of editor-in-chief who was not party to the proceedings against newspaper.
Judgment


Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20

17/01/23

Article 34: trade union’s victim status to complain about dismissal of its member.
Judgment | Legal Summary


Gherardi Martiri v. San Marino, no. 35511/20

15/12/22

Article 35: the rule of confidentiality, provocative statements within acceptable limits and degree of tolerance under Article 35 § 3 (a). Abuse of the right of petition.
Judgment | Legal Summary


Orhan v. Türkiye (dec.), no. 38358/22

06/12/22

Protocol No. 15: date of adoption of the final decision determines time-limit (six or four months) to lodge application before the Court.
Decision | Legal Summary


Aygün v. Belgium, no. 28336/12

08/11/22

Article 35: ban on burying sons abroad. Compatibility ratione materiae (Article 8 “private life" and "family").
Judgment


Gaggl v. Austria, no. 63950/19

08/11/22

Article 34: surviving husband, albeit the victim of the crime, with legitimate interest in the circumstances in pursuing application in late wife’s stead. Locus standi.  
Judgment


Kotov and Others v. Russia, nos. 6142/18 and 13 others

11/10/22

Article 35: applicants not absolved from the obligation to exhaust domestic remedies by virtue of the proceedings brought by the first applicant.
Judgment | Legal Summary


Pavlov and Others v. Russia, no. 31612/09

11/10/22

Article 35: applicants absolved from the obligation to exhaust domestic remedies by virtue of the appeal brought by the other applicants.
Judgment | Legal Summary


Paketova and Others v. Bulgaria, nos. 17808/19 and 36972/19

04/10/22

Article 35: multiple applicants and exhaustion of domestic remedies by only some of them.
Judgment | Legal Summary


Kaganovskyy v. Ukraine, no. 2809/18

15/09/22

Respect for human rights requiring to continue the examination of the application before the Court following the applicant's death in the course of the proceedings (Article 37 § 1). 
Judgment


O.M. and D.S. v. Ukraine, no. 18603/12

15/09/22

Article 34: state failure to comply with interim measure indicated by the Court under Rule 39 not to remove applicants: hindering the right of application.
Judgment


H.F. and Others v. France [GC], nos. 24384/19 and 44234/20

14/09/22

Article 34: applicants’ standing to act on behalf of their daughters and grandchildren, direct victims prevented from lodging applications with the Court. Locus standi
Judgment | Legal Summary


Darboe and Camara v. Italy, no. 5797/17

21/07/22

Article 35: age-assessment procedures for migrants requesting international protection and claiming to be children. Compatibility ratione materiae (Article 8 “private life"). 
Judgment | Legal Summary


Katsikeros v. Greece, no. 2303/19

21/07/22

Article 35: ​issue of impartiality as concerns the composition of the Court of Cassation. Exhaustion of domestic remedies.
Judgment


Kotlyar v. Russia, nos. 38825/16 and 2 others

12/07/22

Article 10 inapplicable to protest in the form of deliberate submission of false information to authorities in breach of criminal law. Compatibility ratione materiae (Article 10).  
Judgment | Legal Summary


Ecodefence and Others v. Russia, nos. 9988/13 and 60 others

14/06/22

Article 34: failure to comply with interim measure through enforcement of dissolution order against a non-governmental organisation. Hinder the exercise of the right of application.  
Judgment | Legal Summary


Thibaut v. France (dec.), nos. 41892/19 and 41893/19

14/06/22

Article 35: exhaustion of domestic remedy by an association, not the applicant before the Court, but to which the applicants are members. 
Decision


Savickis and Others v. Latvia [GC], no. 49270/11

09/06/22

Article 35: request for reopening of domestic proceedings on the basis of an ECHR judgment and subsequent individual complaint before the Constitutional Court. Exhaustion of domestic remedies. Six-months.
Judgment | Legal Summary 


Taner Kılıç (no. 2) v. Turkey, no. 208/18

31/05/22

Article 35: complaint allegedly submitted to the United Nations. Matter already submitted to another international procedure.
Judgment 


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