Article 6 Civil - Right to a fair trial

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Cases selected for updating the Case-Law Guide.

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

14/11/23

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

09/11/23

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

24/10/23

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


Hanževački v. Croatia, no. 49439/21

05/09/23

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

18/07/23

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

29/06/23

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

22/06/23

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

20/06/23

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


Roccella v. Italy, no. 44764/16

15/06/23

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

09/05/23

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

02/03/23

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


Miladinova v. Bulgaria, no. 31604/17

07/02/23

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

31/01/23

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


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

12/01/23

Dismissal of constitutional judges.
Judgment | Legal Summary


Bakoyanni v. Greece, no. 31012/19

20/12/22

Refusal to lift defence minister’s immunity.
Judgment


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

13/12/22

Neutrality of a court-appointed expert.
Judgment


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

08/12/22

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

17/11/22

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

08/11/22

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

20/10/22

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


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

11/10/22

Alleged lack of neutrality of court-appointed experts.
Judgment


Juszczyszyn v. Poland, no. 35599/20

06/10/22

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

04/10/22

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


Bieliński v. Poland, no. 48762/19

21/07/22

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


Katsikeros v. Greece, no. 2303/19

21/07/22

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


Krivtsova v. Russia, no. 35802/16

12/07/22

The principle of legal certainty.
Judgment


Żurek v. Poland, no. 39650/18

16/06/22

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

09/06/22

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


Straume v. Latvia, no. 59402/14

02/06/22

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


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

17/05/22

Applicability: delayed drafting of reasoning of court judgments.
Decision


Dragan Kovačević v. Croatia, no. 49281/15

12/05/22

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


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

03/05/22

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


Benghezal v. France, no. 48045/15

24/03/22

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


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

15/03/22

No excessive amount of costs of proceedings.
Decision


Grzęda v. Poland [GC], no. 43572/18

15/03/22

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


D’Amico v. Italy, no. 46586/14

17/02/22

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


Plazzi v. Switzerland, no. 44101/18

08/02/22

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

08/02/22

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


Roth v. Switzerland, no. 69444/17

08/02/22

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

01/02/22

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


Adomaitis v. Lithuania, no. 14833/18

18/01/22

Secret surveillance materials used in disciplinary proceedings.
Judgment


Tabak v. Croatia, no. 24315/13

13/01/22

Expert’s impartiality and applicant's necessary diligence in that regard.
Judgment


Corneschi v. Romania, no. 21609/16

11/01/22

Limitations of procedural rights in the context of withdrawal of security clearance and dismissal. 
Judgment


Gražulevičiūtė v. Lithuania, no. 53176/17

14/12/21

Failure to respect res judicata effect of a final court decision.
Judgment


Hamzagić v. Croatia, no. 68437/13

09/12/21

Experts in proceedings on disability pension employed by the same administrative authority that is a party to the case.
Judgment


Ghrenassia v. Luxembourg, no. 27160/19

07/12/21

Supreme Court's reasoning on inadmissibility on formal grounds.
Judgment


Jallow v. Norway, no. 36516/19

02/12/21

Father participating via Skype in the proceedings on parental responsibility abroad.
Judgment


Baljak and Others v. Croatia, no. 41295/19

25/11/21

Manifestly unreasonable domestic courts' conclusion in view of the Court’s case-law under Article 2.
Judgment


Čolić v. Croatia, no. 49083/18

18/11/21

Costs order amounting to double applicant's compensation award.
Judgment | Legal Summary


Vasil Vasilev v. Bulgaria, no. 7610/15

16/11/21

Lack of public hearing and non-publication of the judgments on account of evidentiary materials obtained by way of secret surveillance. 
Judgment


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