Search for: "State v. Austria"
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4 Nov 2010, 12:53 am
Undeterred and emboldened by the power of repetition (and the "cut and paste" function in word) the ECHR then proceeded to say the same things (sometimes with reasonableness thrown in for good measure and/or confusion) in Cosic v Croatia, Zehentner v Austria and Paulic v Croatia. [read post]
4 Nov 2010, 12:37 am
Notes that the Commission has referred Austria to the Court of Justice regarding the lack of an independent data protection authority. [read post]
1 Nov 2010, 4:43 pm
It is still open to the government to impose limits on what kind of prisoners can and cannot vote, but in light of the recent case of Frodl v Austria, the categories of prisoners whose vote can legitimately be taken away may be fairly limited. [read post]
1 Nov 2010, 7:22 am
The decision in Schalk and Kopf v. [read post]
29 Oct 2010, 3:57 am
While Article 8 may include a positive obligation on a member state to adopt measures to secure respect for private life between individuals, the state has a wide margin of appreciation as to what is required particularly where there is a balance between competing interests or Convention rights (see, for example, Evans v UK (2008) 46 EHRR 34 at [75], [77]; and see [81]) As a result, Article 8’s influence had led to the development in domestic law of a… [read post]
26 Oct 2010, 5:21 pm
Although there is a general right to a public hearing (See Werner v Austria [1998] 26 EHRR310, and Scarth v UK [1998] 26 EHRR. [read post]
26 Oct 2010, 5:39 am
Leyla Sahin went to Austria to complete her medical education; clearly, not every Turkish student has such options. [read post]
25 Oct 2010, 5:29 pm
In a series of case from about 2003, the ECtHR began to treat a person’s reputation as being capable of protection by Article 8 as part of the right to respect for private life: see, for example, Cumpana v Romania (2004) 41 EHRR 200 at [91], Chauvy v France (2004) 41 EHRR 610 at [70] and White v Sweden [2007] EMLR 1 at [21]. [read post]
24 Oct 2010, 11:48 pm
Otten (EPLAW) Non-infringement case: Safeway v. [read post]
19 Oct 2010, 4:01 am
This is only the third case in which such a finding has been made – the other two are Pfeifer v Austria (2007) 48 EHRR 175 and Petrina v Romania Judgment of 14 October 2008). [read post]
29 Sep 2010, 11:15 pm
J M v. [read post]
20 Sep 2010, 7:57 am
This could ultimately cost the UK a lot of money in compensation payments, although it is of note that the court has did not award compensation in Hirst or the more recent case of Frodl v Austria, The coalition government will be wary of the European Court of Human Rights’ recently acquired new powers to punish intransigent states. [read post]
12 Sep 2010, 11:17 pm
Reference for a preliminary ruling from the Bundesgerichtshof, Germany, in case C- 256/09 was lodged on 10 July 2009 (see V. [read post]
28 Aug 2010, 11:58 am
On 3 May 2010, the Oberster Gerichsthof (Austria) referred to the ECJ for a preliminary ruling five questions concerning Regulation (EC) nº 2210/2003 . [read post]
23 Aug 2010, 3:33 pm
The Second Circuit makes no mention whatsoever of this activity, nor does it recognize the retroactive application of the FSIA as affirmed by the Supreme Court in Austria v. [read post]
15 Aug 2010, 11:19 am
Creation of the Leopold Foundation violates the Austria State Treaty Article 26 which unconditionally requires Austria to return property stolen from Nazi persecutees. [read post]
13 Aug 2010, 1:39 am
: Advertise.com, Inc v. [read post]
12 Aug 2010, 1:32 am
On 24 June, in Schalk and Kopf v Austria, the court decided that the convention does not yet require equal access. [read post]
5 Aug 2010, 1:52 am
Austria, a decision which the UK expressly backed. [read post]
26 Jul 2010, 11:11 pm
In a recent judgment on the issue (Frodl v Austria, Application no. 20201/04, 8 April 2010 – see our post) the European Court of Human Rights observed that “while this might not be obvious from its wording, Article 3 of Protocol No. 1 enshrines a characteristic principle of an effective democracy and is accordingly of prime importance in the Convention system”. [read post]
