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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Human Rights - From: 1991 To: 1991

This page lists 97 cases, and was prepared on 28 July 2015.

 
M -v- Italy (1991) 70 DR 59; 12386/86
1991
ECHR

Human Rights
The Commission held that article 6(2) did not apply to the confiscation of property belonging to a person suspected of being a member of a mafia-type organisation.
European Convention on Human Rights 6
1 Citers


 
Chrystostomos and Others -v- Turkey DC 155-7
1991
ECHR

Human Rights
(Commission - Admissibility) There were three applications, including one by Titina Loizidou. She complained that she had been denied access to her property in north Cyprus by the activities of Turkish forces and persons acting under their authority. Held: Applying the SAA doctrine set out in its earlier rulings relating to north Cyprus, the commission it declared her complaint admissible in so far as the matters complained of post-dated 29th January 1987, when Turkey first permitted petitions by individuals to the Strasbourg court.
1 Citers


 
Hewitt and Harman -v- United Kingdom (1991) 14 EHRR 657; (1992) 14 EHRR 657; [1989] ECHR 29
1991
ECHR

Human Rights
(Commission) When asking whether an action about which complaint is made is 'according to law', it is the quality of the law that matters rather than the form it takes which matters. As to the case of Malone, it "elucidated the concept of foreseeability and highlighted its importance as a safeguard against the arbitrary application of measures of secret surveillance."
1 Cites

1 Citers



 
 Grare -v- France; ECHR 1991 - (1991) 15 EHRR CD 100
 
Djeroud -v- France [1991] ECHR 1; 13446/87
23 Jan 1991
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Regina -v- Secretary of State for the Home Department ex parte Brind; HL 7-Feb-1991 - [1991] 1 AC 696; [1991] 2 WLR 588; [1991] UKHL 4; [1991] 1 All ER 720
 
Fredin -v- Sweden [1991] 13 EHRR 784; 12033/86; [1991] ECHR 2
18 Feb 1991
ECHR

Human Rights, Environment, Planning
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of years, but the owner had known that its future was uncertain because of the possibility of revocation. It contended that it should have had more time in which to close down and that it had made investments which should have been allowed to be more fully exploited. Held: The time given was reasonable. Disputes under planning rules could affect civil rights to build on the applicant's land. Signatory states enjoy a wide 'margin of appreciation' in this area relating to the control of the use of land in the public interest for environmental reasons, and that the controls prescribed or interferences involved must be without any reasonable foundation if the court is to regard them as disproportionate.
European Convention on Human Rights P-1 A-1
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Moustaquim -v- Belgium 12313/86; (1991) 13 EHRR 802; [1991] ECHR 3
18 Feb 1991
ECHR

Human Rights
The applicant was a Moroccan national who arrived in Belgium in 1965 when he was aged under 2. In 1984, nineteen years later, after a career of juvenile crime, he was deported, but the deportation order was suspended in 1989 and he returned to Belgium. He complained that his deportation had violated his right to private and family life under article 8. Held: There had been interference by a public authority with his right to family life guaranteed in article 8(1) and (paragraph 46) that this was not justified under article 8(2). The Court rejected a complaint under article 14, holding that the applicant's position could not be compared with that of Belgian juveniles, since they had a right of abode in their own country and could not be expelled from it.
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Denimark Ltd & Others -v- United Kingdom 37660/97; [1991] ECHR 80
18 Feb 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Maj -v- Italy [1991] ECHR 14; 13087/87; [1991] ECHR 14
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Pugliese -v- Italy (No 1) [1991] ECHR 18; 11840/85; [1991] ECHR 18
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Alimena -v- Italy [1991] ECHR 5; 11910/85; [1991] ECHR 5
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Frau -v- Italy [1991] ECHR 11; 12147/86; [1991] ECHR 11
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Ficara -v- Italy [1991] ECHR 10; 12176/86; [1991] ECHR 10
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Angelucci -v- Italy 12666/87; [1991] ECHR 6; [1991] ECHR 6
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Girolami -v- Italy [1991] ECHR 12; 13324/87; [1991] ECHR 12
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Ferraro -v- Italy [1991] ECHR 9; 13440/87; [1991] ECHR 9
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
ZanghÌ -v- Italy [1993] ECHR 3; [1991] ECHR 22; 11491/85; [1991] ECHR 22; [1993] ECHR 3
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected as matters stand; Lack of jurisdiction (measures to remedy the situation)
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
IsgrÃ’ -v- Italy [1991] ECHR 13; 11339/85; [1991] ECHR 13
19 Feb 1991
ECHR

Human Rights
Hudoc Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (victim); No violation of Art. 6-1+6-3-d
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
BrigandÌ -v- Italy [1991] ECHR 7; 11460/85; [1991] ECHR 7
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Manzoni -v- Italy [1991] ECHR 15; 11804/85; [1991] ECHR 15
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Motta -v- Italy [1991] ECHR 17; 11557/85; [1991] ECHR 17
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Santilli -v- Italy [1991] ECHR 19; 11634/85; [1991] ECHR 19
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Viezzer -v- Italy [1991] ECHR 21; 12598/86; [1991] ECHR 21
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Mori -v- Italy [1991] ECHR 16; 13552/88; [1991] ECHR 16
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Adiletta And Others -v- Italy 13978/88;14236/88;14237/88; [1991] ECHR 4
19 Feb 1991
ECHR

Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings.
[ ECHR ] - [ Bailii ]
 
Triggiani -v- Italy [1991] ECHR 20; 13509/88; [1991] ECHR 20
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Colacioppo -v- Italy [1991] ECHR 8; 13593/88; [1991] ECHR 8
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Adiletta And Others -v- Italy 13978/88 ; 14236/88 ; 142
19 Feb 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings 13978/88; 14236/88; 14237/88

 
Adiletta And Others -v- Italy 13978/88; [1991] ECHR 4
19 Feb 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Vernillo -v- France [1991] ECHR 23; 11889/85; [1991] ECHR 23
20 Feb 1991
ECHR

Human Rights
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Loizidou -v- Turkey [1991] ECHR 73; 15318/89
4 Mar 1991
ECHR
C A Norgaard P
Human Rights
Admissibility
1 Citers

[ Bailii ]
 
Stocke -v- Germany 11755/85; [1991] ECHR 25; [1991] ECHR 25
19 Mar 1991
ECHR

Human Rights
Hudoc No violation of Art. 5; No violation of Art. 6
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Cardot -v- France [1991] ECHR 24; 11069/84; [1991] ECHR 24
19 Mar 1991
ECHR

Human Rights
Hudoc Lack of jurisdiction (complaint inadmissible)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Cruz Varas And Others -v- Sweden 15576/89; (1991) 14 EHRR 1; [1991] ECHR 26; [1991] ECHR 26
20 Mar 1991
ECHR

Human Rights
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 "Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] principle also applies to expulsion decisions and a fortiori to cases of actual expulsion ."
European Convention on Human Rights 3
1 Cites

1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Fox, Campbell And Hartley -v- The United Kingdom (Article 50) [1991] ECHR 27; 12245/86; 12244/86; 12383/86
27 Mar 1991
ECHR

Human Rights
ECHR Judgment (Just Satisfaction) - Costs and expenses award - Convention proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient.
European Convention on Human Rights
1 Cites

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Purcell -v- Ireland [1991] ECHR 77; 15404/89
16 Apr 1991
ECHR
Norgaard P
Human Rights, Media

[ Bailii ]
 
Purcell -v- Ireland (1991) 70 DR 262; 15404/89
16 Apr 1991
ECHR
CA Norgaard P
Human Rights, Employment
The applicants were several individuals and two trades unions who complained that a ministerial order made under legislation relating to broadcasting infringed their rights under Article 10 of the Convention. Held: The Commission rejected the application as inadmissible in so far as brought by the two trade unions, saying that the measure complained of did not affect the rights of the applicant unions themselves: the ministerial order did not refer to the exercise of any of their rights. The fact alone that the trade unions considered themselves as guardians of the collective interests of their members did not suffice to make them victims within the meaning of Article 25. It followed that in so far as the application was brought by the two trade unions, it was incompatible ratione personae with the provisions of the Convention and must be rejected.
European Convention on Human Rights 10
1 Citers

[ HUDOC ]

 
 Braithwaite -v- United Kingdom; ECHR 18-Apr-1991 - [1991] ECHR 76
 
Asch -v- Austria 12398/86; (1991) 15 EHHR 597; [1991] ECHR 28; [1991] ECHR 28
26 Apr 1991
ECHR

Human Rights
There was no violation of Article 6 where the statement of a co-habitee was read at the trial without her being called to give evidence but, in Austrian law, a co-habitee cannot be compelled to be a witness and the court said that the right on which the co-habitee "relied in order to avoid giving evidence cannot be allowed to block the prosecution".
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Ezelin -v- France [1991] ECHR 29; 11800/85; (1992) 14 EHRR 362
26 Apr 1991
ECHR
R. Ryssdal, P
Human Rights
The free speech of protesters should not be curtailed simply because of the unlawful behaviour of one or two individuals. The court considered that "that the freedom to take part in a peaceful assembly - in this instance a demonstration that had not been prohibited - is of such importance that it cannot be restricted in any way, even for an avocat, so long as the person concerned does not himself commit any reprehensible act on such an occasion."
A refusal to give evidence was an issue “which in itself does not come within the ambit of Articles 10 and 11”.
European Convention on Huma Rights 10
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Oberschlick -v- Austria (1991) 19 EHHR 389; 11662/85; [1991] ECHR 30
23 May 1991
ECHR

Human Rights, Media, Criminal Practice
A journalist was convicted by a court which regarded itself as bound by the opinion of the court of appeal which had remitted his case to the lower court for trial after it had been dismissed by that court. The judge who presided over the court of appeal was the same judge as had presided over it on the first occasion, contrary to the code of criminal procedure. The journalist complained that the court of appeal on the second occasion was not an independent and impartial tribunal. Held: An argument that he had impliedly waived that right because he had not raised this objection at the hearing of his appeal was rejected, on the ground that neither he nor his counsel were aware until well after the hearing of all the circumstances that provided grounds for objecting to the tribunal on the grounds of impartiality.
The Court reiterated that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance. Whilst the press must not overstep the bounds set, inter alia, in the interests of "the protection of the reputation and rights of others", it is nevertheless to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of 'public watchdog'. Although formulated primarily with regard to the print media, these principles doubtless apply also to the audio-visual media.
European Court of Human Rights 10
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Vocaturo -v- Italy [1991] ECHR 34; 11891/85; [1991] ECHR 34
24 May 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Lack of jurisdiction (measures to remedy the situation)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Pugliese -v- Italy (No 2) [1991] ECHR 32; 11671/85; [1991] ECHR 32
24 May 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Quaranta -v- Switzerland [1991] ECHR 33; 12744/87; [1991] ECHR 33
24 May 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Caleffi -v- Italy [1991] ECHR 31; 11890/85; [1991] ECHR 31
24 May 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Lack of jurisdiction (measures to remedy the situation)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Ciancimino -v- Italy 12541/86; [1991] ECHR 74
27 May 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]

 
 Elliniki Radiophonia Tileorass-AE -v- Plisofatissis and Kouvelas; ECJ 18-Jun-1991 - C-260/89; [1991] EUECJ C-260/89; [1991] ECR 1-2925
 
Letellier -v- France 12369/86; [1991] ECHR 35
26 Jun 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Worldlii ] - [ Bailii ]
 
Owners' Services Ltd -v- Italy [1991] ECHR 36; 12144/86
28 Jun 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Philis -v- Greece 12750/87;13780/88;14003/88; [1991] ECHR 38
27 Aug 1991
ECHR

Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 13+6 and 14+6; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings.
[ ECHR ] - [ Bailii ]
 
Demicoli -v- Malta [1991] ECHR 37; 13057/87; (1991) 14 EHRR 47
27 Aug 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
A Parliament may not be in a position to satisfy all the requirements of article 6 which apply when imposing penal sanctions.
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Philis -v- Greece 12750/87; 13780/88; [1991] ECHR 38
27 Aug 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings 12750/87; 13780/88; 14003/88
The applicant had sought to assert in the national court his right to professional fees for which he had contracted and which (he claimed) he had earned.
European Convention on Human Rights 6.1
1 Citers

[ Bailii ]
 
F C B -v- Italy [1991] ECHR 40; 12151/86; [1991] ECHR 40; [2011] ECHR 1612
28 Aug 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; Damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Brandstetter -v- Austria 11170/84; [1991] ECHR 39; 12876/87; 13468/87
28 Aug 1991
ECHR

Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; No violation of Art. 6-1+6-3-d; No violation of Art. 6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - claim rejected; Costs and expenses award - Convention proceedings.
European Convention on Human Rights
1 Citers

[ Bailii ] - [ ECHR ]
 
Moreira De Azevedo -v- Portugal 11296/84; [1991] ECHR 41; (1992) 14 EHRR 113
28 Aug 1991
ECHR
R Ryssdal, President
Human Rights
Held: Article 6(1) applied where the applicant had joined as an assistant in criminal proceedings with a view to securing financial reparation for injuries which he claimed he had suffered at the hands of the accused but had not filed any claim in civil proceedings.
European Convention on Human Rights 6(1)
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Brandstetter -v- Austria 13468/87; [1991] ECHR 39; 11170/84; 12876/87
28 Aug 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
S and G -v- United Kingdom 17634/91
2 Sep 1991
ECHR

Human Rights, Crime
The Commission considered the common law offence of outraging public decency alleged to have been committed by an artist and art gallery curator who had exhibited a model with freeze dried human foetuses as earrings. Recognising that freedom of artistic expression fell within the ambit of Article 10, declared the application inadmissible as being manifestly ill founded. The offence of outraging public decency: (a) was prescribed by law, and (b) pursued the legitimate aim of protection of morals and (c) was not disproportionate and could be regarded as necessary in a democratic society.
1 Citers


 
Paul Stasch -v- Germany 10823/05; [2007] ECHR 900
16 Oct 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Muyldermans -v- Belgium [1991] ECHR 42; 12217/86; [1991] ECHR 42
23 Oct 1991
ECHR

Human Rights
Hudoc Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Jan-Ake Andersson -v- Sweden 11274/84; [1991] ECHR 45
29 Oct 1991
ECHR

Human Rights

[ Bailii ] - [ ECHR ]
 
Fejde -v- Sweden [1991] ECHR 43; 12631/87; [1991] ECHR 43
29 Oct 1991
ECHR

Human Rights
The manner of the application of article 6 to proceedings before courts of appeal depends on the special circumstances of the proceedings involved. Account must be taken of the entirety of the proceedings in the domestic legal order and of the role that the appellate court was performing in those proceedings: "Provided a public hearing has been held at first instance, the absence of such hearing before a second or third instance may accordingly be justified by the special features of the proceedings at issue."
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Jan-ake Andersson -v- Sweden 11274/84; [1991] ECHR 45
29 Oct 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Helmers -v- Sweden [1991] ECHR 44; 11826/85; [1991] ECHR 44
29 Oct 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Borgers -v- Belgium [1991] ECHR 46; 12005/86; (1993) 15 EHRR 92; [1991] ECHR 46
30 Oct 1991
ECHR

Human Rights
Hudoc The Court reconsidered the nature of the involvement of the Procureur général's department in decisions taken by the Belgian Cour de Cassation. The Court sitting in plenary session reached, by a majority, a decision which effectively reversed Delcourt. In doing so the majority observed that the rights of the defence and the principle of equality of arms had: "undergone a considerable evaluation in the Court's case-law, notably in respect of the importance attached to appearances and to the increased sensitivity of the public to the fair administration of justice." The Court re-analysed the facts and concluded that the prosecution was unfair in circumstances where the advocate general intervened at the hearing in a manner adverse to an appellant. This was because an appellant had no right of reply and might reasonably think, when the advocate general retired with the Court, that he would further urge that the appeal should be dismissed.
1 Cites

1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Wiesinger -v- Austria 11796/85; [1991] ECHR 48; [1991] ECHR 48
30 Oct 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Vilvarajah and Others -v- The United Kingdom; ECHR 30-Oct-1991 - 13163/87; 13164/87; (1991) 14 EHRR 248; [1991] ECHR 47; 13165/87

 
 Observer and Guardian -v- The United Kingdom; ECHR 26-Nov-1991 - 13585/88; [1991] 14 EHRR 153; [1991] ECHR 49; [1991] ECHR 1385

 
 The Sunday Times -v- The United Kingdom (No 2); ECHR 26-Nov-1991 - 13166/87; [1992] 14 EHRR 123; [1991] ECHR 50; (1992) 14 EHRR 229
 
Kemmache -v- France (Nos 1 And 2) 12325/86 ; 14992/89
27 Nov 1991
ECHR

Human Rights
Hudoc Violation of Art. 5-3; Violation of Art. 6-1; Just satisfaction reserved

 
Kemmache -v- France (Nos. 1 And 2) 14992/89; 12325/86
27 Nov 1991
ECHR

Human Rights
ECHR Judgment (Merits) - Violation of Art. 5-3; Violation of Art. 6-1; Just satisfaction reserved.
[ ECHR ]
 
Kemmache -v- France (Nos. 1 And 2) 14992/89; [1991] ECHR 51; 12325/86
27 Nov 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Oerlemans -v- The Netherlands 12565/86; (1989) 62 DR 200; [1991] ECHR 52; [1991] ECHR 52
27 Nov 1991
ECHR

Human Rights
Land was designated as "a protected natural site", the effect of which was that agricultural activities could continue but that if the owner wished to alter or intensify the use of the land or to make certain changes in agricultural practices, authorisation was necessary. The owner argued that he had been deprived of the right to cultivate part of his land. The commission held that this involved a control of use; he was restricted in his manner of farming but not prevented from continuing his farming.
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Kemmache -v- France (Nos. 1 And 2) 12325/86; [1991] ECHR 51; [1993] ECHR 51
27 Nov 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ] - [ Bailii ]
 
S -v- Switzerland 12629/87; 13965/88; (1991) 14 EHRR 670
28 Nov 1991
ECHR

Human Rights, Legal Professions
Access to legal advice on a private and confidential basis is a fundamental principle not lightly to be interfered with. Fair trial rights may require communications with lawyers to be protected, and that confidential communications between lawyers and clients fall within the protection of private life, home and correspondence accorded by Article 8.
Council of Europe Standard Minimum Rules for the Treatment of Prisoners - European Convention on Human Rights 8
1 Citers


 
S. -v- Switzerland 12629/87;13965/88; [1991] ECHR 54
28 Nov 1991
ECHR

Human Rights
ECHR Judgment (Merits and just satisfaction) - Violation of Art. 6-3-c; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings.
[ ECHR ] - [ Bailii ]
 
S. -v- Switzerland 12629/87; [1991] ECHR 54; [2006] ECHR 984
28 Nov 1991
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ] - [ Bailii ]
 
Koster -v- The Netherlands [1991] ECHR 53; 12843/87; [1991] ECHR 53
28 Nov 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Vermeire -v- Belgium [1991] ECHR 56; [1993] ECHR 46; 12849/87; [1991] ECHR 56; [1993] ECHR 46
29 Nov 1991
ECHR

Human Rights
Hudoc Violation of Art. 14+8; Just satisfaction reserved
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Pine Valley Developments Ltd And Others -v- Ireland Times, 11 December 1991; 12742/87; 43/1990/234/300; [1991] 14 EHRR 319
29 Nov 1991
ECHR

Human Rights, Planning
Hudoc Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of P1-1; No violation of Art. 14+P1-1; Violation of Art. 14+P1-1; No violation of Art. 13; Just satisfaction reserved
The Court found a violation of Article 1 of Protocol No. 1 in circumstances where the domestic courts declared the planning permission a nullity on the ground that it had been granted ultra vires. A legitimate expectation relating to property may constitute a possession protected by Article 1 at any rate if it can be regarded as a component of property protected by Article 1. a legitimate expectation may arise notwithstanding the fact that it was beyond the powers of the public body which fostered the expectation to realise the expectation. The legitimate expectation cannot entitle a party to realisation by the public body of the expectation which it is beyond the powers of the public body to realise, but may entitle him to other relief which it is within the powers of the public body to afford, e.g. the benevolent exercise of a discretion available to alleviate the injustice or payment of compensation. The fact that the expectation was founded on an ultra vires act or that the public body had no power to realise the expectation raised and the reason why in law it had no such power (e.g. the potential adverse effect on third parties) may be a reason, and indeed a strong reason, going to the justification for the interference and its proportionality.
European Convention on Human Rights 1
1 Citers


 
Zonetti -v- Italy [1991] ECHR 70; 13050/87; [1991] ECHR 70
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Nonnis -v- Italy [1991] ECHR 65; 12785/87; [1991] ECHR 65
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Gilberti -v- Italy 12665/87; [1991] ECHR 61; [1991] ECHR 61
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Manunza -v- Italy [1991] ECHR 64; 13037/87; [1991] ECHR 64
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Macaluso -v- Italy [1991] ECHR 63; 12922/87; [1991] ECHR 63
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Simonetti -v- Italy [1991] ECHR 67; 13103/87; [1991] ECHR 67
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Covitti -v-Italy [1991] ECHR 59; 12921/87; [1991] ECHR 59
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Testa -v- Italy [1991] ECHR 68; 12786/87; [1991] ECHR 68
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Casadio -v- Italy [1991] ECHR 57; 12698/87; [1991] ECHR 57
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Gori -v- Italy [1991] ECHR 62; 13338/87; [1991] ECHR 62
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Seri -v- Italy [1991] ECHR 66; 13009/87; [1991] ECHR 66
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Cattivera -v- Italy [1991] ECHR 58; 12956/87; [1991] ECHR 58
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Trotto -v- Italy [1991] ECHR 69; 12828/87; [1991] ECHR 69
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Dal Sasso -v- Italy [1991] ECHR 60; 13337/87; [1991] ECHR 60
3 Dec 1991
ECHR

Human Rights
Hudoc Struck out of the list (solution of the matter)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Attorney General -v- Malta Unreported, 10 December 1991; 16641/90
10 Dec 1991


Human Rights
The applcant challenged a provision which imposed criminal liability on a director of a body which had committed a criminal offence "unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence". The Commission found the application to be manifestly ill-founded. The applicant was provided under the legislation with the possibility of exculpating himself, and the Maltese courts enjoyed a genuine freedom of assessment. The provision had not been applied to the applicant in a manner incompatible with the presumption of innocence.
1 Cites

1 Citers


 
Clooth -v- Belgium [1991] ECHR 71; [1998] ECHR 15; 12718/87; [1998] ECHR 15; [1991] ECHR 71
12 Dec 1991
ECHR

Human Rights
Hudoc Violation of Art. 5-3; Just satisfaction reserved
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Toth -v- Austria [1991] ECHR 72; 11894/85; [1991] ECHR 72
12 Dec 1991
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Preliminary objection rejected (six month period); Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
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