Article 6 Civil - Right to a fair trial

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Cases selected for updating the Case-Law Guide.

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

09.04.2024

Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary


Tamazount and Others v. France, no. 17131/19

04.04.2024

Conseil d’État’s declaration of lack of jurisdiction, based on acts of State doctrine, limited to compensation claims lodged by children of Harkis on grounds of State liability for failure to protect Harkis in Algeria at time of Algerian independence and systematically repatriate them to France.
Judgment | Legal Summary


Föderation der Aleviten Gemeinden in Österreich v. Austria, no. 64220/19

05.03.2024

Refusal to register the applicant association as a religious community.
Judgment


Centrum Handlowe Agora SP. Z O.O. v. Poland (dec.), no. 8928/13

20.02.2024

Refusal of the applicant company’s request to be exempted from court fees.
Decision


Stylianidis v. Cyprus (dec.), no. 24269/18

16.01.2024

Inability of former judge to seek judicial review of the decision to promote other candidate judges.
Decision


Aktay v. Türkiye (dec.), nos. 56064/16 and 2 others

09.01.2024

Fines imposed on a lawyer for abuse of the right of application in relation to constitutional complaints brought on behalf of clients, some of whom had died before those complaints were brought. Applicability.
Decision


Syndicat National Des Journalistes and Others v. France, no. 41236/18

14.12.2023

Lack of impartiality of three judges of the Court of Cassation who had participated in the examination of the applicants' cassation appeal despite having regular, close and paid professional relations with the opposing party to the procedure.
Judgment


Țîmpău v. Romania, no. 70267/17

05.12.2023

Automatic termination of the employment of a lay teacher of Orthodox religion at a secondary public school after the withdrawal of her endorsement by a local Archbishop. Applicability.
Judgment


Gyulumyan and Others v. Armenia (dec.), no. 25240/20

21.11.2023

Termination of the terms of office of Constitutional Court judges and its President, all appointed with life tenure, through non-judicially reviewable amendments in the context of a constitutional reform. Applicability.
Decision | Legal Summary


Cangı and Others v. Türkiye, no. 48173/18

14.11.2023

Applicability of the civil limb of Article 6 to the applicants’ participation in administrative proceedings on an environmental impact assessment decision concerning the extraction of gold using cyanide leaching at a mine.
Judgment


Toivanen v. Finland, no. 46131/19

09.11.2023

Alleged unfairness on account of the decision by the Court of Appeal’s Acting Chief Justice to transfer the examination of the applicant’s appeal against the revocation of his trial counsel licence to an extended composition of that court.
Judgment | Legal Summary


Pająk and Others v. Poland, nos. 25226/18 and 3 others

24.10.2023

Legislation differentiating between men and women with regard to the retirement age of judges.
Judgment


Hanževački v. Croatia, no. 49439/21

05.09.2023

Unforeseeable retroactive application of admissibility criteria for lodging a constitutional complaint of inadequate conditions of detention.
Judgment | Legal Summary


Camara v. Belgium, no. 49255/22

18.07.2023

Domestic authorities' refusal to implement an enforceable order requiring the State to provide an asylum seeker with accommodation and material support.
Judgment | Legal Summary


Ben Amamou v. Italy, no. 49058/20

29.06.2023

Applicant “taken by surprise” by the fact that the Court of cassation based its decision on a ground raised of its own motion.
Judgment


Lorenzo Bragado and Others v. Spain, nos. 53193/21 and 5 others

22.06.2023

Parliament’s failure to pursue the mandatory selection process to the governing body of the judiciary.
Judgment


Lo Fermo v. Italy (dec.), no. 58977/12

20.06.2023

Divergence in the case-law of the superior administrative court.
Decision


Roccella v. Italy, no. 44764/16

15.06.2023

Witnesses not heard on appeal despite acquittal at first instance and the right to adversarial proceedings.
Judgment


Kitanovska and Barbulovski v. North Macedonia, nos. 53030/19 and 31378/20

09.05.2023

Rejection of objection against payment order issued by notary public, without examination of merits, for not having been submitted through a lawyer as required by domestic law.
Judgment


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

02.03.2023

​Effectiveness of the domestic mechanism to overcome inconsistent case-law.
JudgmentLegal Summary


Miladinova v. Bulgaria, no. 31604/17

07.02.2023

Dismissal of civil action due to reopening of criminal proceedings more than eight months after their discontinuation.
Judgment


Thierry v. France (dec.), no. 37058/19

31.01.2023

Full jurisdiction of a "tribunal" in disciplinary proceedings.
Decision


Ovcharenko and Kolos v. Ukraine, nos. 27276/15 and 33692/15

12.01.2023

Dismissal of constitutional judges.
Judgment | Legal Summary


Bakoyanni v. Greece, no. 31012/19

20.12.2022

Refusal to lift defence minister’s immunity.
Judgment


Test-Achats v. Belgium, no. 77039/12

13.12.2022

Neutrality of a court-appointed expert.
Judgment


M.K. and Others v. France, nos. 34349/18 and 2 others

08.12.2022

Refusal by the administrative authorities to enforce interim orders requiring the State to provide some asylum-seekers and their children with emergency accommodation. Applicability and merits.  
Judgment | Legal Summary


Makrylakis v. Greece, no. 34812/15

17.11.2022

Dismissal of compensation applications for two-year detention following acquittal judgment given on appeal.
Judgment


Marina Aucanada Group S.L. v. Spain, no. 7567/19

08.11.2022

No personal summoning of applicant company in context of judicial proceedings concerning annulment of a decision announcing a public tender. Applicability and merits.
Judgment


Dolenc v. Slovenia, no. 20256/20

20.10.2022

Recognition by Slovenian courts of judgments delivered in Israel against the applicant.
Judgment


Çöçelli and Others v. Türkiye, no. 81415/12

11.10.2022

Alleged lack of neutrality of court-appointed experts.
Judgment


Juszczyszyn v. Poland, no. 35599/20

06.10.2022

Grave irregularities in appointment of judges to newly established Supreme Court’s Disciplinary Chamber, that suspended judge from duties for verifying another judge’s independence.
Judgment | Legal Summary


Angerjärv and Greinoman v. Estonia, nos. 16358/18 and 34964/18

04.10.2022

Applicability: judicial removal of lawyers from ongoing civil proceedings for obstructing the proceedings and inappropriate behaviour.
Judgment | Legal Summary


Katsikeros v. Greece, no. 2303/19

21.07.2022

Issue of impartiality as concerns the composition of the Court of Cassation and the necessary diligence from the applicant.
Judgment


Bieliński v. Poland, no. 48762/19

21.07.2022

Length of proceedings on pension stayed pending examination of legal question by Constitutional Court.
Judgment  


Krivtsova v. Russia, no. 35802/16

12.07.2022

The principle of legal certainty.
Judgment


Żurek v. Poland, no. 39650/18

16.06.2022

Premature termination ex lege, after legislative reform, of a judge’s mandate as member of the National Council of the Judiciary (NCJ) and its spokesperson. Applicability and merits.
Judgment


Xavier Lucas v. France, no. 15567/20

09.06.2022

Decision declaring appeal application barred by failure to submit it electronically, practical obstacles notwithstanding.
Judgment | Legal Summary


Straume v. Latvia, no. 59402/14

02.06.2022

No public hearing or public delivery of the judgments.
Judgment | Legal Summary


Mierla and Others v. Romania (dec.), nos. 25801/17 and 2 others

17.05.2022

Applicability: delayed drafting of reasoning of court judgments.
Decision


Dragan Kovačević v. Croatia, no. 49281/15

12.05.2022

Costs of proceedings before a Constitutional Court on divestment of legal capacity.
Judgment | Legal Summary


Nalbant and Others v. Turkey, no. 59914/16

03.05.2022

Amount of court fees and business companies. Applicants led to abandon their appeal.
Judgment


Benghezal v. France, no. 48045/15

24.03.2022

Opposing party's legal representation costs to be paid by the losing party.
Judgment


Grzęda v. Poland [GC], no. 43572/18

15.03.2022

Premature termination, after legislative reform, of a judge's term of office as a member of the National Council of the Judiciary. Applicability and merits.
Judgment | Legal Summary


Derbuc and Others v. Croatia (dec.), nos. 53977/14 and 41902/15

15.03.2022

No excessive amount of costs of proceedings.
Decision


D’Amico v. Italy, no. 46586/14

17.02.2022

Retrospective law determining the substance of pensions disputes in pending proceedings.
Judgment Legal Summary


Plazzi v. Switzerland, no. 44101/18

08.02.2022

Lack of suspensive effect of a father's appeal against the transfer abroad by the mother of his child's place of residence, and national courts' lack of jurisdiction.
Judgment | Legal Summary


Q and R v. Slovenia, no. 19938/20

08.02.2022

Length of proceedings in family matters and restrictions necessitated by Covid-19.
Judgment | Legal Summary


Roth v. Switzerland, no. 69444/17

08.02.2022

Lack of suspensive effect of a father's appeal against the transfer abroad by the mother of his child's place of residence, and national courts' lack of jurisdiction.
Judgment | Legal Summary


Kramareva v. Russia, no. 4418/18

01.02.2022

Prosecutor’s participation in civil proceedings.
Judgment | Legal Summary


Adomaitis v. Lithuania, no. 14833/18

18.01.2022

Secret surveillance materials used in disciplinary proceedings.
Judgment


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