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1,044 | Mozer v. the Republic of Moldova and Russia | 23 February 2016 (Grand Chamber – judgment) | This case concerned the detention of a man suspected of fraud, as ordered by the courts of the self-proclaimed “Moldavian Republic of Transdniestria” (the “MRT”). The applicant complained in particular that he had been arrested and detained unlawfully by the “MRT authorities” and that he had been absent from some of th... | The Court came to the conclusion that the facts complained of fell within the jurisdiction of both the Republic of Moldova and of Russia under Article 1 (obligation to respect human rights) of the Convention. It observed in particular that, although Moldova had no effective control over the acts of the “MRT” in Transdn... | Extra-territorial jurisdiction of States Parties to the European Convention on Human Rights | Military, political and economic influence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant is a Moldovan national belonging to the German ethnic minority. He was born in 1978 and lived in Tiraspol until 2010. Since 2011 he has been an asylum-seeker in Switzerland.",
"9. The Moldovan Government submitted that despite all their efforts they had been... | [
"II. RELEVANT REPORTS OF INTER-GOVERNMENTAL AND NON ‑ GOVERNMENTAL ORGANISATIONS",
"A. The United Nations",
"61. The relevant parts of the Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, concerning his visit to the Republic of Moldova fro... |
1,045 | Issa and Others v. Turkey | 16 November 2004 (judgment) | According to the applicants, Iraqi nationals, a group of their relatives – shepherds from an Iraqi province near the Turkish border – encountered Turkish soldiers in the hills who were allegedly carrying out military operations in the area and who immediately abused and assaulted them. Following the withdrawal of the T... | The Court recalled that the concept of “jurisdiction” under the Convention was not restricted to the national territory of the Contracting Parties. In exceptional circumstances the acts of Contracting States performed outside their territory, or which produced effects there, might amount to exercise by them of their ju... | Extra-territorial jurisdiction of States Parties to the European Convention on Human Rights | Military intervention not exercising effective control | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicants are six women from northern Iraq, born in 1950, 1970, 1951, 1939, 1949 and 1947 respectively. The first applicant brought the application on her own behalf and on behalf of her deceased son, Ismail Hassan Sherif. The remaining applicants brought the applicat... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Turkish Criminal Code",
"49. The Criminal Code makes it a criminal offence",
"(a) to deprive an individual unlawfully of his or her liberty (Article 179 generally, Article 181 in respect of civil servants);",
"(b) to subject an individual to torture or ill-treat... |
1,046 | C.N. v. the United Kingdom | 13 November 2012 | This case concerned allegations of domestic servitude by a Ugandan woman who complained that she had been forced into working as a live-in carer. | The Court held that there had been a violation of Article 4 (prohibition of slavery and forced labour) of the Convention. It found that the legislative provisions in force in the United Kingdom at the relevant time had been inadequate to afford practical and effective protection against treatment contrary to Article 4.... | Slavery, servitude, and forced labour | Domestic workers | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1979.",
"5. The applicant travelled to the United Kingdom from Uganda on 2 September 2002. She claimed that she had been raped several times in Uganda and that her purpose in travelling to the United Kingdom was to escape from the sexual and phys... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"32. Section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 created the offence of trafficking people for exploitation. It provides that:",
"“ (1) A person commits an offence if he arranges or facilitates the arrival in the United Kingdom of an i... |
1,047 | Van der Mussele v. Belgium | 23 November 1983 | The applicant, a pupil advocate, was called upon to provide free lawyer’s services to assist indigent defendants. He complained that that represented forced labour. | The Court found no violation of Article 4 (prohibition of forced labour) of the Convention. The free legal aid service the applicant was asked to provide was connected with his profession, he received certain advantages for it, like the exclusive right to audience in the courts, and it contributed to his professional t... | Slavery, servitude, and forced labour | Professional services (lawyers, doctors, etc.) | [
"I. PARTICULAR CIRCUMSTANCES OF THE CASE",
"9. The applicant is a Belgian national born in 1952. He resides in Antwerp where he exercises the profession of avocat (lawyer). After being enrolled as a pupil avocat on 27 September 1976, he at once opened his own chambers without ever working in the chambers of anoth... | [
"II. RELEVANT LEGISLATION AND PRACTICE",
"A. The profession of avocat in Belgium, in general",
"14. Although it is in various respects regulated by legislation, the profession of avocat in Belgium is a liberal profession; under Article 444 of the Judicial Code, \"avocats exercise their profession freely in the ... |
1,048 | Graziani-Weiss v. Austria | 18 October 2011 | This case concerned the obligation for a lawyer (or a public notary, but not other categories of persons with legal training) in Austria to act as unpaid guardian to a mentally ill person. A practising lawyer, the applicant was informed that the Austrian courts planned to appoint him as legal guardian to a mentally ill... | The Court held that there had been no violation of Article 4 (prohibition of forced labour) in conjunction with Article 14 (prohibition of discrimination) of the Convention. It noted that there was a significant difference between the professional groups of practising lawyers, whose rights and duties were governed by s... | Slavery, servitude, and forced labour | Professional services (lawyers, doctors, etc.) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1963 and lives in Linz.",
"6. The applicant is a practising lawyer. In July 2005 the applicant was informed by the Linz District Court that it planned to appoint him as legal guardian ( Sachwalter ) for K, who was suffering from a mental illness,... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"12. The rules on guardianship are contained in the Civil Code ( Allgemeines Bürgerliches Gesetzbuch ), the relevant part of which was recently amended, and the Non-Contentious Proceedings Act ( Außerstreitgesetz ).",
"13. The law in force at the relevant time provided ... |
1,049 | Chitos v. Greece | 4 June 2015 | This case concerned an army officer who had been forced to pay a fee to the State in order to resign before the end of his period of service. This was the first time that the Court ruled on this matter. | The Court held that there had been a violation of Article 4 § 2 (prohibition of forced labour) of the Convention. It considered in particular that the State’s desire to secure a return on its investment in the training of army officers and military medical officers and to ensure adequate staff numbers justified prohibi... | Slavery, servitude, and forced labour | Service of a military character or substitute civilian service | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1968 and lives in Thessaloniki.",
"6. On 15 September 1986 he was admitted to the Corps Officers’ Military Academy (medical section). He was paid a salary and was granted welfare benefits. He pursued academic studies free of charge at the Univers... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 4 § 2 OF THE CONVENTION",
"53. The applicant submitted that the requirement imposed on him by domestic law to remain in the armed forces for what he considered a very lengthy period or to pay an excessively large fee to the State in return for ending his engagement co... |
1,050 | De Wilde, Ooms and Versyp | 18 June 1971 | The applicants were found to be vagrants and detained in vagrancy centres where they were made to work in exchange of payment at a low rate. They complained about having been obliged to work in return for an absurdly low wage and under pain of disciplinary sanctions. | The Court found that there had been no violation of Article 4 (prohibition of slavery or forced labour) of the Convention, as the applicants’ work in the vagrancy centres had not exceeded the permitted limits in the Convention, because it had been aimed at the rehabilitation of vagrants and was comparable to that in se... | Slavery, servitude, and forced labour | Work during detention | [
"13. The purpose of the Government ’ s application is to submit the De Wilde, Ooms and Versyp cases for judgment by the Court. On several points the Government therein expresses its disagreement with the opinion stated by the Commission in its report.",
"14. The facts of the three cases, as they appear from the s... | [
"AS TO THE LAW",
"I. ON THE QUESTIONS OF JURISDICTION AND ADMISSIBILITY RAISED IN THE PRESENT CASES",
"44. In its memorials of February and June 1970, the Government requested the Court, principally,",
"\"to declare that the applications introduced against Belgium by Jacques De Wilde on 17th June 1966, Franz ... |
1,051 | Van Droogenbroeck v. Belgium | 24 June 1982 | The applicant was convicted for theft and ordered to be placed, on completion of his two-year prison sentence, at the disposal of the state for a number of years, during which time he could be recalled for detention. He complained that he was held in servitude given that he was subjected "to the whims of the administra... | The Court held that there had been no violation of Article 4 (prohibition of slavery or forced labour) of the Convention. It stressed that the applicant’s situation could have been regarded as servitude only if it had involved a particularly serious form of denial of freedom, which had not been the case. Further, the w... | Slavery, servitude, and forced labour | Work during detention | [
"I. THE PARTICULAR CIRCUMSTANCES OF THE CASE",
"9. The applicant is a Belgian national, born in 1940. He has no fixed occupation.",
"On 29 July 1970, the Bruges criminal court (tribunal correctionnel ) sentenced him to two years ’ imprisonment for theft, and attempted theft, committed with the aid of skeleton k... | [
"PROCEEDINGS BEFORE THE COMMISSION",
"30. On 2 January 1974, Mr. Van Droogenbroeck had lodged a first application (no. 6989/75) which the Commission declared inadmissible on 5 March 1976 on account of failure to exhaust domestic remedies. In his second application, dated 16 April 1977 (no. 7906/77), he maintained... |
1,052 | Stummer v. Austria | 7 July 2011 (Grand Chamber) | The applicant, who spent some twenty-eight years of his life in prison, argued in particular that European standards had changed to such an extent that prison work without affiliation to the old-age pension system could no longer be regarded as “work required to be done in the ordinary course of detention”, which was e... | The Court held that there had been no violation of Article 4 (prohibition of forced labour) of the Convention. It found that, having regard to the lack of a European consensus on the issue of the affiliation of working prisoners to the old-age pension system, the practice of the Council of Europe member States did not ... | Slavery, servitude, and forced labour | Work during detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant was born in 1938 and lives in Vienna. He has spent about twenty-eight years of his life in prison. During his prison terms he worked for lengthy periods in the prison kitchen or the prison bakery. As a working prisoner the applicant was not affiliated to the o... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The General Social Security Act",
"17. The basis of the Austrian social security system is laid down in two laws: the General Social Security Act ( Allgemeines Sozialversicherungsgesetz ) and the Unemployment Insurance Act ( Arbeitslosenversicherungsgesetz ). Austri... |
1,053 | Stummer v. Austria | 7 July 2011 (Grand Chamber) | The applicant, who spent some twenty-eight years of his life in prison, complained in particular that the exemption of prison work from affiliation to the old-age pension system was discriminatory and deprived him of receiving pension benefits. | The Court held that there had been no violation of Article 14 (prohibition of discrimination) of the Convention taken in conjunction with Article 1 (protection of property) of Protocol No. 1 to the Convention. While Austria was required to keep the issue raised by the applicant’s case under review, it found that by not... | Work-related rights | Pensions | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant was born in 1938 and lives in Vienna. He has spent about twenty-eight years of his life in prison. During his prison terms he worked for lengthy periods in the prison kitchen or the prison bakery. As a working prisoner the applicant was not affiliated to the o... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The General Social Security Act",
"17. The basis of the Austrian social security system is laid down in two laws: the General Social Security Act ( Allgemeines Sozialversicherungsgesetz ) and the Unemployment Insurance Act ( Arbeitslosenversicherungsgesetz ). Austri... |
1,054 | Zhelyazkov v. Bulgaria | 9 October 2012 | The applicant was found guilty of minor hooliganism for having insulted a prosecutor. He was sentenced to two weeks in detention during which he had to work for an infrastructure development municipality project. He complained in particular that he had been subjected to forced labour given that he had had to work witho... | The Court declared inadmissible, as being manifestly ill-founded, the applicant’s complaints under Article 4 (prohibition of forced labour) of the Convention. | Slavery, servitude, and forced labour | Work during detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. At about 3 p.m. on 30 December 2003 the applicant and his father went to the District Prosecutor ’ s Office in Tsarevo to obtain a copy of a document. The clerk refused to give it to them. A quarrel ensued. A prosecutor came in and ordered the applicant to leave the premise... | [
"II. RELEVANT DOMESTIC LAW",
"A. Minor Hooliganism",
"10. Decree No. 904 of 28 December 1963 on Combating Minor Hooliganism was passed by the then existing Presidium of the National Assembly under a simplified legislative procedure, as possible under Article 35 § 5 and Article 36 of the then in force 1947 Const... |
1,055 | Sporrong and Lönnroth v. Sweden | 23 September 1982 | These two applications related to the effects on the applicants, in their capacity as property owners, of long-term expropriation permits, accompanied by prohibitions on construction, affecting their properties. It amounted, in their view, to an unlawful infringement of their right to the peaceful enjoyment of their po... | The European Court of Human Rights held that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the Convention, finding that the applicants bore an individual and excessive burden which could have been rendered legitimate only if they had had the possibility of seeking a reduction of ... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The two applications relate to the effects of long-term expropriation permits and prohibitions on construction on the Estate of the late Mr. Sporrong and on Mrs. Lönnroth, in their capacity as property owners.",
"A. The sporrong estate",
"10. The Sporrong Estate, which ... | [
"II. THE RELEVANT DOMESTIC LAW",
"A. Town-planning law",
"31. The 1947 Act is the main legal instrument of town-planning policy in Sweden. For this purpose, it provides for the drawing up of master plans and city plans.",
"32. A master plan (generalplan) will be drawn up by the municipality concerned in so fa... |
1,056 | Hentrich v. France | 22 September 1994 | In May 1979 the applicant and her husband bought 6,766 square metres of non-building land. The sale was concluded on the condition precedent that the SAFER (Regional Development and Rural Settlement Corporation) did not exercise its right of pre-emption over the property within two months. The main tax office registere... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. Having regard to all the facts of the case, it considered that, as a selected victim of the exercise of the right of pre-emption, the applicant had borne an individual and excessive burden which could have been rende... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. Mrs Liliane Hentrich, who is a French national, lives in Strasbourg.",
"7. On 11 May 1979 she and her husband, Mr Wolfgang Peukert, bought 6,766 square metres of land in Strasbourg for a total sum of 150,000 French francs (FRF). Further building was not permitted on the l... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Revenue ’ s right of pre-emption",
"20. At the time of the pre-emption in question, Article 668 of the General Tax Code provided:",
"\"Without prejudice to the provisions of Article 1649 quinquies A and for a period of six months from the date on which the for... |
1,057 | Gasus Dosier- und Fördertechnik GmbH v. the Netherlands | 23 February 1995 | In June 1980 the applicant company sold a concrete-mixer and ancillary equipment to a Dutch company, subject to the condition that they remained its property until the full price had been paid. One month later the Tax Bailiff seized all the movable assets on the Dutch company’s premises for forced sale in pursuance of ... | The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1, finding that the requirement of proportionality between the means employed and the aim pursued had been satisfied. It considered in particular that the interference complained of in this case was in fact the result ... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. PARTICULAR CIRCUMSTANCES OF THE CASE",
"6. The applicant company, Gasus Dosier- und Fördertechnik GmbH (hereinafter \"Gasus\"), are a limited liability company under German law with their registered office in Würzburg, Germany.",
"A. Background to the case",
"7. On 17 June 1980 Gasus ’ s agent in the Neth... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Relevant provisions of the Netherlands Constitution",
"24. The 1983 Constitution does not, in terms, guarantee a right to property. Article 14 reads:",
"\"1. Expropriation may only be ordered in the general interest and against compensation determined in advance, ... |
1,058 | National and Provincial Building Society, Leeds Permanent Building Society and | 23 October 1997 | This case concerned legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992). The applicant building societies1 alleged in particular a violation of the right to pro... | The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1. Having regard to the wide margin of appreciation which a Contracting State enjoys in framing and adopting policies in the tax sector, it found that, in the circumstances, the retrospective measures adopted by Parlia... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. general background",
"6. The applicants were at all relevant times building societies within the meaning of the Building Societies Act 1986. Building societies operate under the status of “mutual societies” under English law as opposed to the status enjoyed by companies under company law. A building society’s... | [
"III. relevant domestic law",
"45. Section 343 (1A) of the 1970 Act (introduced by section 40 of the Finance Act 1985, and as amended by section 47 of the Finance Act 1986) provides as follows:",
"“The Board may by regulations made by statutory instrument make provision with respect to the year 1986/87 and any ... |
1,059 | S.A. Dangeville v. France | 16 April 2002 | The applicant company, a firm of insurance brokers whose commercial transactions were subject to value added tax (VAT), paid 292,816 French francs in VAT on its operations in 1978. The provisions of the Sixth Council Directive of the European Communities, which should have been applied from 1 January 1978, exempted fro... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. It noted in particular that on both its applications the applicant company was a creditor of the State on account of the VAT wrongly paid for the period 1 January to 30 June 1978 and that in any event it had at least... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. Under the General Tax Code as worded until 31 December 1978 the applicant company was liable to value-added tax (VAT) on its commercial activity. It paid a total of 291,816 French francs (FRF) in VAT on its 1978 transactions.",
"10. Article 13-B-a of the Sixth Directive o... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Community law",
"1. General principles",
"31. As regards the principle of the “precedence of the Community legal system”, see, among other authorities, the following judgments of the Court of Justice of the European Communities (CJEC): Case 6/64, Costa v. E.N.E.L. [1964] E... |
1,060 | Eko-Elda AVEE v. Greece | 9 March 2006 | In June 1988 the applicant, a limited company specialising in petroleum products, asked the Inland Revenue Service to repay 123,387,306 drachmas (approximately 362,105 euros) wrongly paid in income tax. When the tax authorities refused, the applicant brought proceedings in Athens Administrative Court to obtain that sum... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. It noted in particular that the tax wrongly paid had been reimbursed approximately five years and five months after the date on which the applicant company had requested its repayment. The Court considered that the a... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant is a limited company specialising in petroleum products. Its predecessor was called Greek petroleum, oil and lubricants – Industrial and commercial limited company (EKO AVEE).",
"9. On 8 May 1987 the applicant company paid the tax authorities 137, 020, 491 d... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"19. The relevant Articles of the Civil Code provide:",
"Article 345",
"“ A creditor of a pecuniary debt is entitled, when serving notice to pay, to claim default interest stipulated by law or by the legal document concerned without having to prove loss. Subject to an... |
1,061 | Intersplav v. Ukraine | 9 January 2007 | Since 1998, the applicant, a Ukrainian-Spanish Joint Venture, had been complaining without success to the Lugansk Regional Tax Administration and the State Tax Administration about the failure of the Sverdlovsk Town Tax Administration to issue certificates for the VAT refunds on time. However, while recognising the exi... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1, finding that the interference with the applicant’s possession had been disproportionate. The Court considered in particular that the constant delays with VAT refund and compensation in conjunction with the lack of ef... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant company, “Intersplav” (hereinafter “the applicant”), is a joint venture enterprise, based in the town of Sverdlovsk in the Lugansk Region, Ukraine.",
"9. The facts of the case, as submitted by the parties, may be summarised as follows.",
"10. The applicant... | [
"II. RELEVANT DOMESTIC LAW",
"23. The collection and refunding of value-added tax (VAT) is regulated by the Law on Value-Added Tax. Article 3 of the law provides that both the sale of goods in Ukraine and the export of goods from Ukraine are subject to taxation. Under Article 6 of the law, the former is taxed at ... |
1,062 | Bulves AD v. Bulgaria | 22 January 2009 | The applicant, a joint-stock company, complained in particular that the Bulgarian authorities had deprived it of the right to deduct the input VAT it had paid to its supplier, who had been late in complying with its own VAT reporting obligations. | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1. Taking into account the timely and full discharge by the applicant company of its VAT reporting obligations, its inability to secure compliance by its supplier with its VAT reporting obligations and the fact that the... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. The taxable transaction",
"6. On 16 August 2000 the applicant company purchased goods from another company (“the supplier”).",
"7. Both companies were registered under the Value Added Tax Act 1999 (“the VAT Act”) and the transaction constituted a taxable supply under th... | [
"II. RELEVANT DOMESTIC LAW",
"The VAT Act",
"(a) General information",
"20. The VAT Act came into force on 1 January 1999. Although at the time Bulgaria was not a member of the European Union (EU), domestic VAT legislation in many respects followed the provisions of Council Directive 77/388/EEC of 17 May 1977... |
1,063 | OAO Neftyanaya Kompaniya YUKOS v. Russia | 20 September 2011 | This case concerned the tax and enforcement proceedings brought against the applicant oil company – one of Russia’s largest and most successful businesses, which was fully state-owned until 1995-1996, when it was privatised – which led to its liquidation. The applicant company complained in particular of irregularities... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1 regarding the imposition and calculation of the penalties concerning the 2000-2001 tax assessments for two reasons, the retroactive change in the rules on the applicable statutory time-limit and the consequent doublin... | Taxation and the European Convention on Human Rights | Protection of property (Article 1 of Protocol No. 1 to the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant, OAO Neftyanaya Kompaniya YUKOS, was a publicly-traded private open joint-stock company incorporated under the laws of Russia. It was registered in Nefteyugansk, the Khanty-Mansi Autonomous Region, and at the relevant time was managed by its subsidiary, OOO “Y... | [
"II. Relevant domestic law and practice",
"A. Tax liability",
"1. General provisions",
"307. Under Article 57 of the Constitution of Russia, everyone is liable to pay taxes and duties established by law.",
"308. Article 44 of the Tax Code of 31 July 1998 no. 146-FZ (as in force at the relevant time) states ... |
1,064 | Bendenoun v. France | 24 February 1994 | In 1973 the applicant, a dealer in coins, formed a public limited company under French law for the purpose of dealing in old coins, objets d’art and precious stones. He owned the greater part of its capital and acted as its chairman and managing director. As a result of his activities, three sets of proceedings – custo... | The Court considered that Article 6 § 1 (right to a fair trial) of the Convention was applicable in the present case. In the first place, the offences with which the applicant was charged came under Article 1729 § 1 of the General Tax Code. That provision covered all citizens in their capacity as taxpayers, and not a g... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. Mr Michel Bendenoun is a French citizen who lives in Zürich and is a dealer in coins.",
"On 1 July 1973 he formed a public limited company under French law, ARTSBY 1881, with its head office in Strasbourg, for the purpose of dealing in old coins, objets d ’ art and precio... | [
"II. RELEVANT DOMESTIC LAW",
"33. Chapter II of the General Tax Code is entitled \"Penalties\". Section I of it (\"Common Provisions\") deals with \"tax penalties\" and \"criminal penalties\".",
"A. Tax penalties",
"1. The system applicable at the material time",
"34. The system of tax penalties established... |
1,065 | A.P., M.P. and T.P. v. Switzerland | 29 August 1997 | The applicants were the widow and sons of the sole shareholder of a construction company who died in 1984. They were his only heirs. The period within which they could have renounced the inheritance expired in May 1984. It subsequently turned out that the deceased had evaded paying certain taxes and the tax authorities... | The Court held that there had been a violation of Article 6 § 2 (right to a fair trial – presumption of innocence) of the Convention. It observed that no issue could be, nor had been, taken with the recovery from the applicants of unpaid taxes. Indeed, the Court found it normal that tax debts, like other debts incurred... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"I. circumstances of the case",
"A. Background to the case",
"7. The applicants are all Swiss nationals who live in the Canton of Zurich. They are the widow and sons of the late Mr P., who died on 28 February 1984.",
"Mr P. had been the sole shareholder of a construction company, and the applicants were Mr P.... | [
"II. Relevant domestic law",
"A. The Ordinance on Direct Federal Tax",
"20. At the relevant time, tax evasion was punishable by a fine of up to four times the amount evaded, the fine being payable in addition to the amount due (Article 129 § 1 of the Ordinance on Direct Federal Tax).",
"21. Article 130 § 1 pr... |
1,066 | J.J. v. the Netherlands | 27 March 1998 | In December 1989 the applicant, a freelance tax consultant, received an assessment for supplementary income tax and notification of a fiscal penalty raising the amount due by 100% to a total of 38,656 Dutch guilders. He appealed to the Tax Chamber of the Court of Appeal. The latter declared the appeal inadmissible on t... | The Court found that the outcome of the proceedings before the Supreme Court determined a criminal charge against the applicant. Regard being had to what was at stake for the applicant in the proceedings and to the nature of the advisory opinion of the Advocate-General, the fact that it had been impossible for the appl... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"I. THE particular circumstances of the case",
"7. The applicant is a freelance tax consultant.",
"8. On 14 December 1989 the Inspector of Direct Taxes sent the applicant an assessment of supplementary income tax ( naheffingsaanslag ) for the year 1984. In accordance with the applicable provisions (see paragrap... | [
"II. Relevant domestic law and practice",
"A. The General Act on State Taxes",
"17. Pursuant to section 20(1) of the General Act on State Taxes ( Algemene wet inzake rijksbelastingen ) a demand for supplementary tax is made if a tax for which the taxpayer is under an obligation to file a declaration ( die op aa... |
1,067 | J.B. v. Switzerland | 3 May 2001 | The applicant, who had had tax evasion proceedings instituted against him, was requested, on various occasions, to submit all the documents concerning the companies in which he had invested money. He failed to do so on each occasion and was fined four times. He alleged that the criminal proceedings against him had been... | The Court held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention. It noted in particular that the right to remain silent and the right not to incriminate oneself were international standards at the heart of the notion of a fair procedure under Article 6 § 1. In the present case,... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant, a Swiss national born in 1914, is a retired ski instructor and mountain guide living in X, Switzerland.",
"A. Administrative proceedings instituted against the applicant",
"9. In 1987 the Federal Tax Administration ( Eidgenössische Steuerverwaltung ) cons... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Supplementary-tax proceedings and tax-evasion proceedings",
"35. Supplementary-tax proceedings ( Nachsteuerverfahren ) serve the purpose of imposing a supplementary tax ( Nachsteuer ) where certain taxes have not been duly paid. Tax-evasion proceedings ( Steuerhinte... |
1,068 | Ferrazzini v. Italy | 12 July 2001 (Grand Chamber) | The company of which the applicant was the representative applied to the tax authorities for a reduction in the applicable rate of certain taxes for which it was liable. The tax authorities served supplementary tax assessments on the company. The applicant complained of the length of the subsequent tax proceedings. | In this case it was incumbent on the Court to review whether, in the light of changed attitudes in society as to the legal protection that fell to be accorded to individuals in their relations with the State, the scope of Article 6 § 1 (right to a fair trial) of the Convention should not be extended to cover disputes b... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"THE CIRCUMSTANCES OF THE CASE",
"9. The applicant is an Italian citizen, born in 1947 and living in Oristano (Italy).",
"10. The applicant and another person transferred land, property and a sum of money to a limited liability company, A., which the applicant had just formed and of which he owned – directly an... | [
"THE LAW",
"I. THE COMPLAINT UNDER ARTICLE 6 § 1 OF THE CONVENTION",
"14. The applicant alleged that the length of the proceedings had exceeded a “reasonable time” contrary to Article 6 § 1 of the Convention, the relevant part of which provides:",
"“In the determination of his civil rights and obligations or ... |
1,069 | Jussila v. Finland | 23 November 2006 (Grand Chamber) | A tax office imposed tax surcharges on the applicant amounting to 10% of his re-assessed tax liability. The surcharges totalled 1,836 Finnish Marks (about EUR 300) at the time and were based on the fact that his VAT declarations in 1994-1995 had been incomplete. He appealed to the firs-instance administrative court, r... | The Court found that, although the tax surcharges in the case were part of the fiscal regime, they had been imposed by a rule whose purpose was deterrent and punitive. The offence was therefore criminal, within the meaning of Article 6 (right to a fair trial) of the Convention and the Court held that Article 6 was appl... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant was born in 1949 and lives in Tampere, Finland.",
"9. On 22 May 1998 the Häme Tax Office ( verotoimisto, skattebyrån ) requested the applicant, who ran a car- repair workshop, to submit his observations regarding some alleged errors in his value- added tax (... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Assessment and imposition of tax surcharges",
"14. Section 177 ( 1 ) of the Value-Added Tax Act ( arvonlisäverolaki, mervärdesskattelagen; Law no. 1501/1993) provides that if a person liable to pay taxes has failed to pay the taxes or clearly paid an insufficient am... |
1,070 | Melgarejo Martinez de Abellanosa v. Spain | 14 December 2021 | This case concerned administrative proceedings in which the applicant, after seizure of his assets to pay a tax debt of 296,031 euros that included, in addition to the main debt, a surcharge for late payment and default interest, lodged two separate applications for undue payment, one in respect of the main debt and th... | The Court held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention as regards the insufficiently reasoned judgment of the Audiencia Nacional. It found that, despite the argument concerning the ancillary nature of the surcharge and interest being potentially decisive for the outcom... | Taxation and the European Convention on Human Rights | Right to a fair trial (Article 6 of the Convention) | [
"2. The applicant was born in 1965 and lives in Seville. The applicant was represented by Mr E. Mora Figueroa Rivero, a lawyer practising in Seville.",
"3. The Government were represented by their Agent, Mr A. Brezmes Martínez de Villarreal, State Attorney.",
"4. The facts of the case, as submitted by the parti... | [
"RELEVANT LEGAL FRAMEWORK",
"21. Under Spanish legislation, the definition of ancillary tax obligations, the default interest, the surcharge for late payment and the application for undue payment are regulated under the General Tax Act. These sections read as follows:",
"Section 25. Ancillary tax obligations",
... |
1,071 | André and Other v. France | 24 July 2008 | The applicants were a lawyer and a law firm. The case concerned a search of their offices in June 2001 by tax inspectors with a view to the discovery of evidence against a client company of the applicants’ practice which was suspected of tax evasion. The search was conducted in the presence of the first applicant, the ... | In this case the Court recalled that it was essential for searches at a lawyer’s office to be attended by special safeguards. It was also vital to provide a strict regulatory framework for such measures. The Court noted that in the applicant’s case the search had been attended by a special safeguard since the chairman ... | Taxation and the European Convention on Human Rights | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | [
"A. The circumstances of the case",
"4. In their capacity as a lawyer and a law firm, the applicants had been retained by Clinique Les Roches Claires, a public limited company ( société anonyme ), to assist and represent it during audit operations conducted into its affairs for the period 1 January 1997 to 31 Dec... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 6 §§ 1 AND 3 ( c), ARTICLE 8 AND ARTICLE 13 OF THE CONVENTION",
"21. The applicants complained that the procedure for the search and seizure of documents at their place of business had breached professional confidentiality and infringed their defence rights. They also... |
1,072 | Bernh Larsen Holding AS and Others v. Norway | 14 March 2013 | This case concerned the complaint by three Norwegian companies about a decision of the tax authorities ordering tax auditors to be provided with a copy of all data on a computer server used jointly by the three companies. The applicants maintained that this decision had breached their rights to respect for home and cor... | The Court held that there had been no violation of Article 8 (right to respect for home and correspondence) of the Convention, finding that, despite the lack of a requirement for prior judicial authorisation, effective and adequate safeguards against abuse had been in place and a fair balance had been struck between th... | Taxation and the European Convention on Human Rights | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. B.L.H., a holding company, Kver and I.O.R. (together with two further companies) had their business address at Hopsnesveien 127, Bergen (Western Norway), at premises owned by Kver. The companies used a common server and e-mail server (hereinafter referred to as “the server”... | [
"II. RELEVANT DOMESTIC LAW",
"67. Pursuant to section 4-1 of the Tax Assessment Act ( ligningsloven ) of 13 June 1980 the tax subject had a general duty to provide relevant information to the tax authorities carefully and loyally and ought to contribute to his or her tax liability being clarified in due time and ... |
1,073 | G.S.B. v. Switzerland | 22 December 2015 | This case concerned the transmission to the US tax authorities of the applicant’s bank account details in connection with an administrative cooperation agreement between Switzerland and the United States of America. In 2008 the US tax authorities had discovered that the bank UBS SA had allowed US taxpayers to conceal t... | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention. It accepted in particular that Switzerland had had a major interest in acceding to the US request for administrative cooperation in order to enable the US authorities to identify any assets which might ha... | Taxation and the European Convention on Human Rights | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1960 and lives in Miami.",
"A. Origin of the complaints against UBS SA",
"7. The facts of the case as submitted by the parties can be summarised as follows.",
"8. In 2008 the US tax authorities ( the Internal Revenue Service [IRS] in Washingt... | [
"THE LAW",
"II. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"44. The applicant complained that his banking data had been disclosed in breach of his right to respect for privacy as provided in Article 8 of the Convention, which reads as follows:",
"“1. Everyone has the right to respect for his private a... |
1,074 | K.S. and M.S. v. Germany | 6 October 2016 | This case concerned a search of a couple’s home because they were suspected of tax evasion. The proceedings against them had been triggered when information about their assets held in a Liechtenstein bank had been illegally copied by an employee of the bank and sold to the German secret services. The applicants notably... | The Court held that there had been no violation of Article 8 (right to respect for the home) of the Convention. It found in particular that the search had been carried out in accordance with the law. It further noted the settled case-law of the German Federal Constitutional Court according to which there was no absolut... | Taxation and the European Convention on Human Rights | Right to respect for private and family life, home and correspondence (Article 8 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants, Mr K.S. and his wife Mrs M.S., were born in 1939 and 1942 respectively and live in Lauf.",
"A. The background to the case",
"6. In 2006 the German secret service ( Bundesnachrichtendienst ) bought a data carrier from a certain K. for a considerable amoun... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Provisions of the German Constitution (“the Basic Law ”)",
"25. Article 13 of the Basic Law guarantees the inviolability of a person ’ s home. The relevant part reads:",
"Article 13 of the Basic Law",
"“(1) The home is inviolable.",
"(2) Searches may be author... |
1,075 | Klein and Others v. Germany | 6 April 2017 | Under German law, some churches and religious societies are entitled to levy a church tax and/or fee on their members. The five applicants complained that, when such taxes or fees were calculated and levied on the basis of the joint income of both the applicant and their spouse, it violated their right to freedom of re... | The Court found that most of the complaints under Article 9 (freedom of religion) of the Convention were inadmissible. In particular, this was because in these cases the taxes/fees had been levied not by the State, but by the applicants’ churches – which the applicants were free to leave under German law. As such, in m... | Taxation and the European Convention on Human Rights | Freedom of religion (Article 9 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASES",
"7. The applicants were born in 1964, 1935, 1963, 1965 and 1963 respectively.",
"A. Background to the cases",
"8. The status of Churches and religious societies is governed mainly by Articles 137 to 141 (known as the “Church Articles” – Kirchenartikel ) of the Weimar Const... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Basic Law",
"49. Article 140 of the Basic Law provides that Articles 136-39 and 141 of the Weimar Constitution of 11 August 1919 form an integral part of the Basic Law. Article 137 reads as follows:",
"Article 137",
"“(1) There shall be no State Church.",
... |
1,076 | The Church of Jesus Christ of Latter-Day Saints v. the United Kingdom | 4 March 2014 | This case concerned the complaint of the applicant – a religious organisation, registered as a private unlimited company in the UK, part of the worldwide Mormon Church – of being denied an exemption from local property taxes. In 2001 the church applied to have its temple in Preston, Lancashire, removed from a list of p... | The Court held that there had been no violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 (freedom of thought, conscience and religion) of the Convention, finding that, in so far as any difference of treatment between religious groups in comparable situations could be said to hav... | Taxation and the European Convention on Human Rights | Prohibition of discrimination (Article 14 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The facts of the case, as submitted by the parties, may be summarised as follows.",
"6. The applicant Church has a worldwide membership of over 12 million people, known as Mormons, of whom approximately 180,000 live in the United Kingdom or the Republic of Ireland. Local ... | [
"II. RELEVANT DOMESTIC LAW",
"12. The relevant provisions of the Local Government Finance Act 1988 are as follows :",
"“ Section 41 - Local Rating Lists",
"(1) In accordance with this Part the valuation officer for a charging authority shall compile, and then maintain, lists for the authority (to be called it... |
1,077 | Riener v. Bulgaria | 23 May 2006 | At the relevant time the applicant held both Austrian and Bulgarian nationality. She had business interests in Bulgaria and spent most of her time there. She amassed tax debts to a considerable amount. This remained unpaid. In March 1995, at the request of the tax authorities, the passport authority imposed a travel ba... | The Court held that there had been a violation of Article 2 (freedom of movement) of Protocol No. 4 to the Convention, finding that the relevant law had not provided sufficient procedural safeguards against arbitrariness. The Court noted in particular that the public interest in recovering unpaid tax of an amount such ... | Taxation and the European Convention on Human Rights | Freedom of movement (Article 2 of Protocol No. 4) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant, Mrs Ianka Riener, was born in 1946 in Lubimetz, Bulgaria, and lives currently in Sofia.",
"A. Relevant background",
"9. The applicant moved to Austria in 1985 and in 1986 married an Austrian national. In December 1989 she obtained Austrian nationality. Un... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Prohibition against leaving the country",
"57. Article 35(1) of the Constitution provides that “[e] veryone shall have the right to ... leave the country” and that this right “may be subject to restrictions provided for by act of Parliament, in the interest of natio... |
1,078 | Kosiek v. Germany | 28 August 1986 | The applicant alleged that his political activities had been the main reason for his failure to secure an appointment as a lecturer. | The European Court of Human Rights held that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights. It found that, in refusing the applicant’s access to the civil service, the responsible Ministry of the Land took account of his opinions and activities merely in or... | Work-related rights | Access to work | [
"11. Mr. Rolf Kosiek, who is a German national born in 1934, lives in Nürtingen. After studying physics for several years, he sat his degree examinations (Diplomhauptprüfung) in November 1960 at the University of Heidelberg, where he took a doctorate in physics three years later. From 1 September 1962 to 31 October... | [
"PROCEEDINGS BEFORE THE COMMISSION",
"28. Mr. Kosiek ’ s application (no. 9704/82) was lodged with the Commission on 20 February 1982. He claimed that his dismissal was contrary to Article 10 (art. 10) of the Convention.",
"The Commission declared the application admissible on 16 December 1982. In its report of... |
1,079 | Paulet v. the United Kingdom | 13 May 2014 | This case concerned the confiscation of the applicant’s wages following his conviction for obtaining employment using a false passport. The applicant complained that the confiscation order against him had been disproportionate as it had amounted to the confiscation of his entire savings over nearly four years of genuin... | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the Convention, finding that the United Kingdom courts’ scope of review of the applicant’s case had been too narrow. Notably, they had simply found that the confiscation order against the applicant had been in the ... | Work-related rights | Confiscation of wages | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1984 and lives in Leeds.",
"5. The facts of the case may be summarised as follows.",
"1. The criminal proceedings against the applicant",
"6. The applicant arrived in the United Kingdom on 26 January 2001 and thereafter lived illegally at an ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"1. The Proceeds of Crime Act 2002",
"23. Confiscation proceedings are now governed by the Proceeds of Crime Act 2002. Section 6(4) sets out the approach to be followed by the court:",
"“( a ) it must decide whether the defendant has a criminal lifestyle;",
"(b) if ... |
1,080 | Straume v. Latvia | 2 June 2022 | The applicant was an air-traffic controller and chair of her trade union. The case concerned her treatment by her employer and ultimately her firing for statements made regarding safety in a letter to the State officials overseeing her State-owned employer on behalf of the union. She complained of the negative conseque... | The Court held that there had been a violation of Article 11 (freedom of assembly and association) read in the light of Article 10 (freedom of expression) of the Convention, finding that, overall, the measures taken in the applicant’s case – in particular the disciplinary investigation, her suspension, “idle standing” ... | Work-related rights | Dismissal | [
"2. The applicant was born in 1978 and lives in Riga. The applicant was represented by Mr R. Arthur, a lawyer practising in Bristol, UK.",
"3. The Government were represented by their Agent, Ms K. Līce.",
"4. The facts of the case, as submitted by the parties, may be summarised as follows.",
"THE CIRCUMSTANCE... | [
"RELEVANT LEGAL FRAMEWORK",
"Domestic law",
"48. Section 101(1)(2) of the Labour Law authorises an employer to dismiss an employee if he or she, when carrying out his or her work, has acted unlawfully and has thereby lost the employer’s trust.",
"49. Section 110(1) of the Labour Law provides that an employer ... |
1,081 | Sidabras and Džiautas v. Lithuania | 27 July 2004 | The applicants were both dismissed of their position of tax inspectors because of their previous occupation as KGB agents. They complained in particular that being banned from finding employment in the private sector from 1999-2009 on the ground that they had been former KGB officers was in breach of Articles 8 (right ... | The Court concluded that the ban on the applicants seeking employment in various private-sector spheres had constituted a disproportionate measure, even having regard to the legitimacy of the aims pursued by that ban. It therefore held that there had been a violation of Article 14 (prohibition of discrimination) taken ... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The first applicant was born in 1951 and lives in Šiauliai. The second applicant was born in 1962 and lives in Vilnius.",
"The facts of the case, as submitted by the parties, may be summarised as follows.",
"A. The first applicant",
"11. In 1974 the first applicant g... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"24. The Law on the evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the present activities of former permanent employees of the organisation ( Įstatymas dėl SSRS valstybės saugumo komiteto (NKVD, NKGB, MGB, KGB) vertinimo ir šios organizacijos k... |
1,082 | Sidabras and Others v. Lithuania | 23 June 2015 | The three applicants, formerly a tax inspector, a prosecutor and a lawyer in a private telecommunications company, complained about Lithuania’s failure to repeal legislation (“the KGB Act”) banning former KGB employees from working in certain spheres of the private sector, despite judgments of the European Court of Hum... | The Court held that there had been no violation of Article 14 (prohibition of discrimination), taken in conjunction with Article 8 (right to respect for private life) of the Convention, on account of the first two applicants, not being able to obtain employment in the private sector, and, that there had been a violatio... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. The first applicant",
"6. The first applicant, Mr Juozas Sidabras, was born in 1951 and lives in Kaunas.",
"7. He graduated from the Lithuanian Physical Culture Institute (currently the Lithuanian Sports University), qualifying as a sports instructor.",
"8. From 1975 ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"64. The Law on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organisation ( Įstatymas dėl SSRS valstybės saugumo komiteto (NKVD, NKGB, MGB, KGB) vertinimo ir šios organizacijos k... |
1,083 | Cudak v. Lithuania | 23 March 2010 (Grand Chamber) | The applicant, a Lithuanian national, worked as a secretary and switchboard operator with the Polish Embassy in Vilnius. In 1999 she complained to the Lithuanian Equal Opportunities Ombudsperson of sexual harassment by a male colleague. Although her complaint was upheld, the Embassy dismissed her on the grounds of unau... | As regards the applicability of Article 6 (right of access to court) of the Convention to the present case, the Court found that the applicant’s status as a civil servant did not, on the facts, exclude her from Article 6 protection. Since the exclusion did not apply and the applicant’s action before the Lithuanian Supr... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1961 and lives in Vilnius.",
"10. On 1 November 1997 the applicant was recruited by the embassy of the Republic of Poland in Vilnius (“the embassy ” or “the Polish embassy” ), to the post of secretary and switchboard operator ( korespondentė-tele... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"19. There is no special legislation governing the issue of State immunity in Lithuania. The question is usually resolved by the courts on a case-by-case basis, with reference to the provisions of various bilateral and multilateral treaties.",
"20. Article 479 § 1 of th... |
1,084 | Sabeh El Leil v. France | 29 June 2011 (Grand Chamber) | This case concerned the complaint of an ex-employee of the Kuwaiti embassy in Paris, that he had been deprived of access to a court to sue his employer for having dismissed him from his job in 2000. He complained that he had been deprived of his right of access to a court in violation of Article 6 § 1 (right to a fair ... | As regards the applicability of Article 6 (right of access to court) of the Convention to the present case, the Court considered that the applicant’s duties in the Embassy could not, as such, justify restrictions on his access to a court based on objective grounds in the State’s interest. Moreover, the applicant’s acti... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. Under a contract of indefinite duration dated 25 August 1980, the applicant was appointed by the State of Kuwait as accountant in the Kuwaiti embassy in Paris. He became head accountant on 17 April 1985, when a note by the Ambassador entitled “Organisation of Accounts Depar... | [
"II. RELEVANT INTERNATIONAL LAW AND DOMESTIC LAW AND PRACTICE",
"A. State immunity from jurisdiction",
"1. International law",
"18. State immunity from jurisdiction is governed by customary international law, the codification of which is enshrined in the United Nations Convention on Jurisdictional Immunities ... |
1,085 | Wallishauser v. Austria | 17 July 2012 | A photographer for the United States of America embassy in Vienna, the applicant complained about proceedings she had brought before the Vienna Labour and Social Court against the United States claiming salary payments from September 1996 following her unlawful dismissal. In particular, she complained that she had been... | The Court held that there had been a violation of Article 6 § 1 (right of access to court) of the Convention. It found that by accepting the United States’ refusal to serve the summons in the applicant’s case as a sovereign act and by refusing, consequently, to proceed with the applicant’s case, the Austrian courts had... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1941 and lives in Vienna.",
"A. Background",
"6. The applicant had been an employee of the embassy of the United States of America in Vienna since March 1978. From January 1981 onwards she had a contract of indefinite duration and worked as a p... | [
"II. RELEVANT DOMESTIC AND INTERNTIONAL LAW",
"A. Domestic law and practice",
"26. Section 11 of the Service Act ( Zustellgesetz ) deals with the service of official documents abroad and the service of official documents on foreign nationals and foreign States or international organisations enjoying privileges ... |
1,086 | I.B. v. Greece | 3 October 2013 | This case concerned the dismissal of an HIV-positive employee in response to pressure from other employees in the company. The applicant alleged that there had been a violation of his right to a private life, the Greek Court of Cassation having found his dismissal – justified by the fact that he was HIV-positive – to b... | The Court held that the applicant had been a victim of discrimination on account of his health status, in breach of Article 8 (right to private life) taken together with Article 14 (prohibition of discrimination) of the Convention. It observed in particular that the domestic courts had based their decision to reject hi... | Work-related rights | Dismissal | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1980 and lives in Athens.",
"7. The applicant had been working for a jewellery manufacturing company since 2001. On 4 March 2003 he resigned from his post in order to carry out his military service. Afterwards he contacted S.K., the owner of the ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Domestic law",
"27. The relevant Articles of the Greek Constitution provide as follows.",
"Article 9 § 1",
"“ ... An individual ’ s private and family life is inviolable ...”",
"Article 22 § 1",
"“ Work constitutes a right and shall enjoy the protection of t... |
1,087 | Szima v. Hungary | 9 October 2012 | This case concerned the fine and demotion of a police-union leader for allegations undermining police force. | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. It found that, by virtue of her position, the applicant had considerable influence and therefore had to exercise her right to freedom of expression in accordance with the duties and responsibilities which that right... | Work-related rights | Freedom of expression in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1960 and lives in Szekszárd.",
"6. The applicant, a retired senior police officer, was at the material time the chairperson of Tettrekész Police Trade Union. Between May 2007 and July 2009 she published a number of writings on the Trade Union’s w... | [
"II. RELEVANT DOMESTIC LAW",
"10. Act No. XX of 1949 on the Constitution (as in force at the material time) provides as follows:",
"Article 59",
"“(1) In the Republic of Hungary everyone shall have the right to good reputation, the inviolability of his home, and the protection of privacy and personal data.”",... |
1,088 | Matúz v. Hungary | 21 October 2014 | The applicant, a journalist employed by the State television company, was dismissed in 2004 for breaching a confidentiality clause after he published a book concerning alleged censorship by a director of the company. He unsuccessfully challenged his dismissal in the domestic courts. | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It noted in particular that the sanction imposed on the applicant – termination of the employment with immediate effect – was rather severe. Furthermore, the Hungarian courts had found against the applicant solely on... | Work-related rights | Freedom of expression in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1963 and lives in Balassagyarmat.",
"5. The applicant is a television journalist. From 15 February 2001 he was employed by the State television company ( Magyar Televízió Zrt. ). Following an amendment of his work contract on 10 July 2002, he was... | [
"II. RELEVANT DOMESTIC LAW",
"17. Article 61 of the Constitution, as in force at the material time, provided as follows:",
"“1. In the Republic of Hungary everyone shall have the right to freely express his opinion and to access to and to disseminate information of public interest.”",
"Section 96 of Act no. X... |
1,089 | Špadijer v. Montenegro | 9 November 2021 | This case concerned the alleged bullying of the applicant – at the time a prison guard – following her reporting an incident involving male prison guards coming into the women’s prison where she worked and their inappropriate contact with female prisoners. The applicant notably complained of the psychological damage ca... | Overall, the Court found that the manner in which the legal mechanisms had been implemented in the applicant’s case – including the important whistle-blowing context – had been inadequate, constituting a violation of the positive obligation on the State to protect the applicant under Article 8 (right to respect for pri... | Work-related rights | Harassment in the workplace | [
"2. The applicant was born in 1978 and lives in Podgorica. She was represented by Mr D. Lalićević, a lawyer practising in Podgorica.",
"3. The Government were represented by their Agent, Ms V. Pavličić.",
"4. The facts of the case, as submitted by the parties, may be summarised as follows.",
"5. The applicant... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"Relevant domestic lawConstitution of Montenegro 2007 ( Ustav Crne Gore; published in the Official Gazette of Montenegro – OGM – nos. 01/07 and 038/13)",
"Constitution of Montenegro 2007 ( Ustav Crne Gore; published in the Official Gazette of Montenegro – OGM – nos. 01/0... |
1,090 | Čakarević v. Croatia | 26 April 2018 | This case concerned the applicant’s complaint that she had been ordered to repay unemployment benefits after the employment office made a mistake in authorising the payments. The applicant alleged in particular that ordering her to repay the benefits had resulted in her being deprived of her possessions. | The Court held that there had been a violation of Article 1 (protection of property) of Protocol No. 1 to the Convention in the present case, finding that, given the applicant’s ill health and lack of income, the domestic authorities had violated her rights by placing an excessive individual burden on her. The Court ob... | Work-related rights | Order to repay mistakenly paid unemployment benefits | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1954 and lives in Rijeka.",
"6. On 10 December 1995 the applicant ’ s employment as an unqualified worker was terminated as a result of her employer becoming insolvent. At that time she had twenty - four years and ten months of service ( radni st... | [
"II. RELEVANT DOMESTIC LAW",
"40. The relevant part of the Employment Act ( Zakon o zapošljavanju, Official Gazette no. 59/1996), as in force at the material time, provided :",
"Section 23",
"“ ...",
"(3) An unemployed person (a man) who was employed for thirty years, or an unemployed person (a woman) who w... |
1,091 | Azinas v. Cyprus | 28 April 2004 (Grand Chamber) | The applicant worked for the Nicosia Public Service, as Governor of the Department of Co-operative Development, from the time the Republic of Cyprus was established in 1960 until his dismissal. In July 1982 the Public Service Commission brought disciplinary proceedings against him and decided to dismiss him retrospecti... | The Court, finding the Cypriot Government’s objection that the relevant “effective” domestic remedy had not been exhausted by the applicant to be well-founded, declared the application inadmissible. The applicant had not cited Article 1 (protection of property) of Protocol No. 1 to the Convention before the Supreme Cou... | Work-related rights | Pensions | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1927 and lives in Nicosia.",
"11. From the establishment of the Republic of Cyprus in 1960 and up to his dismissal from the public service, the applicant worked as Governor of the Department of Co - operative Development of the Public Service in... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"21. At the material time, the relevant parts of section 79 of the Public Service Law ( no. 33/67 ) read as follows:",
"“1. In accordance with the present Law, the following disciplinary penalties may be imposed: ...",
"(a) reprimand",
"(b) severe reprimand",
"(c)... |
1,092 | Philippou v. Cyprus | 14 June 2016 | This case concerned a civil servant who automatically lost his public service retirement benefits when dismissed following disciplinary proceedings brought against him in 2005. The applicant pointed out in particular that, although he had repaid his debt to society having been convicted by a criminal court, served a pr... | The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1 to the Convention. Weighing the seriousness of the offences committed by the applicant, involving a total of 223 criminal charges of, among other things, dishonesty, obtaining money under false pretences, forging che... | Work-related rights | Pensions | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born on 30 August 1949 and lives in Nicosia.",
"A. Background to the case",
"6. The applicant was employed at the Department of Lands and Surveys on 1 December 1971. On 1 January 1996 he was promoted to the position of assistant officer and on 2 Februa... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Retirement benefits and disciplinary punishments",
"40. A public servant ’ s entitlement to retirement benefits is governed by the Pensions Law, Law 97(1)/97, as amended. The relevant sections, as applicable at the time, provide as follows:",
"Section 4 (Granting ... |
1,093 | Fábián v. Hungary | 5 September 2017 (Grand Chamber) | This case concerned the suspension of the applicant’s old-age pension on the grounds that he continued to be employed in the public sector. The applicant complained about the suspension of disbursement of his pension. He also alleged that he had been subjected to an unjustified difference in treatment compared with pen... | The Grand Chamber held that there had been no violation of Article 1 (protection of property) of Protocol No. 1 to the Convention, that there had been no violation of Article 14 (prohibition of discrimination) of the Convention, taken in conjunction with Article 1 of Protocol No. 1 as concerned the applicant’s complain... | Work-related rights | Pensions | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1953 and lives in Budapest.",
"11. He had been employed as a police officer when, having reached an age when he was entitled to do so, he took early retirement and started receiving a “service pension” ( szolgálati nyugdíj ) from 1 January 2000,... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"19. The Fundamental Law of Hungary provides as follows:",
"Article XII",
"“(1) Everyone shall have the right to freely choose his or her work or occupation and to engage in entrepreneurial activities. Everyone shall be obliged to contribute to the enrichment of the c... |
1,094 | Savickis and Others v. Latvia | 9 June 2022 (Grand Chamber) | This case concerned the applicants’ allegations of discrimination in the calculation of their State pensions as “permanently resident non-citizens” of Latvia, as contrasted with Latvian citizens6. The applicants complained that in their status as “permanently resident non-citizens” they had been treated unfairly vis-à-... | The Court held that there had been no violation of Article 14 (prohibition of discrimination) of the Convention taken in conjunction with Article 1 of Protocol No. 1 (protection of property) to the Convention, finding that the domestic authorities had acted within their discretion concerning the assessment of the appli... | Work-related rights | Pensions | [
"10. The applicants were born between 1938 and 1948 and live in various cities of Latvia.",
"11. The facts of the case, as submitted by the parties, may be summarised as follows.",
"THE GENERAL HISTORICAL BACKGROUND TO THE CASE",
"12. The historical background, namely the incorporation of the Baltic States in... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"DOMESTIC LAWConstitutional provisions",
"Constitutional provisions",
"Constitutional provisions",
"60. On 4 May 1990, the Supreme Council of the “Latvian SSR” adopted the Declaration on the Restoration of Independence of the Republic of Latvia ( Deklarācija “ Par La... |
1,095 | Gillberg v. Sweden | 3 April 2012 (Grand Chamber) | This case essentially concerned a professor’s criminal conviction for misuse of office in his capacity as a public official, for refusing to comply with two administrative court judgments granting access, under specified conditions, to the University of Gothenburg’s research on hyperactivity and attention deficit disor... | The Court concluded that Article 8 (right to respect for private and family life) and Article 10 (freedom of expression) of the Convention did not apply in this case. It held in particular that the applicant could not rely on Article 8 to complain about his criminal conviction and that he could not rely on a “negative”... | Work-related rights | Respect for private life in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1950 and lives in Gothenburg.",
"10. He is a professor, specialising in child and adolescent psychiatry, at the University of Gothenburg.",
"11. In the period between 1977 and 1992 a research project was carried out at the University of Gothenb... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The right of public access to official documents",
"39. The principle of public access to official documents ( offenlighetsprincipen ) has a history of more than two hundred years in Sweden and is one of the cornerstones of Swedish democracy. One of its main charact... |
1,096 | Vukota-Bojic v. Switzerland | 18 October 2016 | The applicant had been involved in a road traffic accident, and subsequently requested a disability pension. Following a dispute with her insurer on the amount of disability pension and years of litigation later, her insurer requested that she undergo a fresh medical examination, in order to establish additional eviden... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It found in particular that the insurer’s actions engaged state liability under the Convention, since the respondent insurance company was regarded as a public authority under Swiss law. It also held that ... | Work-related rights | Respect for private life in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1954 and lives in Opfikon.",
"6. The applicant had been employed as a hairdresser since 1993 and she had compulsory accident insurance under the Federal Law on Accident Insurance (see Relevant domestic law below ). On 28 August 1995 she was hit b... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"37. The relevant provisions of the Federal Constitution of the Swiss Confederation (classified compilation 101) read as follows:",
"Article 10 – Right to life and to personal freedom",
"“ ... 2 Every person has the right to personal liberty and in particular to physi... |
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