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URL: http://eurolitigation.blogspot.com/

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Latest posts
Suing State for damage by its supreme court before its administrative courts as an exhaustion condition, NML Capital Ltd v France, 23242/12 NEW
Eurolitigation 1 Week, 2 Days, 15 Hours, 57 Minutes ago
In 2000 Argentine issued bonds to be paid in 2020 and 2030, but the Republic became bankrupt already in 2001. Argentine signed a Fiscal Agency Agreement providing that it renounced its sovereign immunity as a State, and that in a case of its default...
“Death words” of the plaintiff killing his tax case, Cañada Mora v Spain, 2070/2011 NEW
Eurolitigation 1 Month, 2 Weeks, 3 Days, 5 Hours, 21 Minutes ago
Spanish wine producer José Antonio Cañada Mora was attacked by tax authorities imposing on him a tax debt of € 481 154 for periods from 1992 to 1996 (§ 2.1). There were chances to avoid loosing the money, since the debts for 1...
Happy New Year! 2015 - my blog is back. NEW
Eurolitigation 2 Months, 2 Weeks, 2 Days, 4 Hours, 39 Minutes ago
After a year brеак and being amused that my blog reached several thousand visitors per day, I restart posting. Among the most wonderful things of 2014 I'd mention:I won the case of impeached President of Rolandas PAKSAS of Lithuania...
EU Court of Justice crashes Asian despotism of the EU General Court, Strack, C-579/12 RX-II NEW
Eurolitigation 1 Year, 6 Months, 1 Day, 5 Hours, 55 Minutes ago
-->When the EU General Court hears the case on appeal from the EU Civil Service Tribunal, sometimes the First Advocate General may propose to the Court of Justice of the EU to review the judgment of the EU General Court. This may happen if the Gen...
ECtHR re-establishes Khodorkovskiy’s wealth, 11082/06 NEW
Eurolitigation 1 Year, 6 Months, 3 Weeks, 6 Days, 6 Hours, 42 Minutes ago
  Mikhail Khodorkovskiy, former Yukos head and current prisoner, achieved a huge victory in Strasbourg. The biggest Russian oil company was convicted in tax and business fraud. It was liquidated leaving $ 9.2 billion of unsatisfied liabilities (...
CJEU transfers patentability competence to the EU level, Daiichi Sankyo, C-414/11 NEW
Eurolitigation 1 Year, 7 Months, 4 Weeks, 1 Day, 4 Hours, 45 Minutes ago
Despite the resistance of Greece, Germany, France, Italy, Netherlands, Portugal, Finland, Sweden, and the UK, on 18/07/2013 the Grand Chamber of the Court of Justice of the European Union interpreted that after the entry into force of the Lisbon Trea...
Slight reduction in compensation of damages for inhuman treatment of prisoners, Yepishin v Russia, 591/07 NEW
Eurolitigation 1 Year, 8 Months, 3 Weeks, 6 Days, 16 Hours, 56 Minutes ago
  The European Court of Human Rights slightly reduced the amount of compensation of damages for inhuman treatment of prisoners in case Yepishin v Russia, 591/07. Previously, it was used to calculate the damages as € 6 000 for the first year...
ECJ: Imposing administrative and criminal sanctions does not breach the ne bis in idem principle, Fransson, C 617/10 NEW
Eurolitigation 2 Years, 3 Weeks, 6 Days, 2 Hours, 58 Minutes ago
Mr. Åkerberg Fransson was accused by Swedish prosecution of non payment of about 83 000 € of taxes (income tax, VAT, social security and employer’s part deductions, § 12). He was subjected to tax penalty (administrative one...
Realist views in dissenting opinions of Lithuanian justices on the impeachment of President Paksas, 8/2012 NEW
Eurolitigation 2 Years, 3 Months, 4 Days, 3 Hours, 43 Minutes ago
--> The purpose of this blog is not only making advertising for my private legal practice, but also a development of a critical scholarship empirically analyzing judicial reasoning (that I call judicial shamanism). Therefore, it is sometimes...
Will your lawyer accuse you of money laundering behind your back? Michaud, 12323/11 NEW
Eurolitigation 2 Years, 3 Months, 1 Week, 4 Days, 18 Hours, 29 Minutes ago
--> The EU legislated three directives (nos. 91/308/CEE, 2001/97/CE, 2005/60/CE) requiring attorneys to accuse their clients on a suspicion of money laundering without informing them about this (§§ 9-10). The French law requires your attor...
ECJ gives the green light for the European Stability Mechanism, Pringle, C-370/12 NEW
Eurolitigation 2 Years, 3 Months, 2 Weeks, 4 Days, 18 Hours, 50 Minutes ago
The European Council took Decision 2011/199/EU of 25/03/2011 amending Article 136 of the Treaty on the Functioning of the European Union (TFEU) with § 3 providing that the Eurozone Member States may establish a stability mechanism (§ 6). The Decisi...
ECtHR: 7 days of police detention without window and a proper toilet cost € 3 000, Kasperovicius, 54872/08 NEW
Eurolitigation 2 Years, 3 Months, 3 Weeks, 4 Days, 3 Hours, 57 Minutes ago
On 20/11/2012 the European Court of Human Rights awarded non-pecuniary damages of € 3 000 to Mr Aleksandras Kasperovicius who spent 7 days in Anyksciai Police Detention Facility (§§ 6, 7, 47), since the cell did not have a window, neither a toile...
Broken seal leads to a fine of € 38 million for E.ON Energie AG, C-89/11 P NEW
Eurolitigation 2 Years, 3 Months, 4 Weeks, 2 Days, 5 Hours, 53 Minutes ago
The European Commission suspecting E.ON Energie AG in an anti-competitive agreement sent them an inspection in Munchen, which sealed a door at the end of the day in order to continue in the morning. The seal was measuring 90 mm by 60 mm. In the morni...
ESRC forbids reduction of social rights during economic crisis, GENOP-DEI v Greece, 65/2011 NEW
Eurolitigation 2 Years, 4 Months, 1 Day, 9 Hours, 56 Minutes ago
Due to the economic crisis, Greece issued new law allowing dismissal of a person with indefinite contract during a probation period of 12 months without notice (§§ 8, 14). The European Social Rights Committee reminded the Greek Government that in t...
Covering legal costs before the EFTA Court, Konkurrenten.no v ESA, E-14/10 COSTS NEW
Eurolitigation 2 Years, 4 Months, 2 Days, 9 Hours, 44 Minutes ago
Previously I already wrote about the case Konkurrenten.no. Now the matter of legal costs to be covered by the EFTA Surveillance Authority came back to Luxembourg. The parties finally agreed on hourly rate of € 340 (§ 29) but disagreed on the numbe...
UN HRC: denial of UN HRC competence breaches UN law, Korneenko v Belarus, 1226/2003 NEW
Eurolitigation 2 Years, 4 Months, 3 Days, 1 Hour, 30 Minutes ago
On 25/01/2002, Viktor Korneenko, chairman of the Gomel regional association Civil Initiatives, was fined $ 615 for use of “untied foreign aid” (computer equipment. 5 computers and 2 printers of his NGO were confiscated (§ 2.7). After the exhaust...
No animal rights campaign instrumentalising the Holocaust image (at least in Germany), PETA v Germany, 43481/09 NEW
Eurolitigation 2 Years, 4 Months, 4 Days, 18 Minutes ago
PETA Deutschland (People for the Ethical Treatment of Animals) tried to organize an advertising campaign under the head “The Holocaust on your plate” in Germany but it was banned, and the European Court of Human Rights confirms the ban. The poste...
ECtHR makes Slovenia liable for Ljubljanska Banka Sarajevo debts of € 175 million, Alisic et al v 5 ex-Yugoslavian States NEW
Eurolitigation 2 Years, 4 Months, 4 Days, 12 Hours, 22 Minutes ago
Before the collapse of the Socialist Federal Republic of Yugoslavia, Mr Alisic and Mr Sadzak had foreign currency savings in Ljubljanska Banka Sarajevo (respectively DEM 4 715.56 and DEM 129 874.30, § 7). After the collapse, the savings were frozen...
ECtHR Grand Chamber sets aside Chamber judgment for errors in appraisal of proportionality in compensation for expropriation, Vistiņš et al v Latvia, 71243/01 NEW
Eurolitigation 2 Years, 4 Months, 6 Days, 8 Hours, 57 Minutes ago
Mr. Jānis Vistiņš had a land with a value of € 900 000 that was expropriated for € 850, and Mr Genādijs Perepjolkins had a land valued at € 5 million expropriated for € 13 500 (§§ 116-117) for purposes of the Riga Port expansion. T...
ECtHR enforces the restitution of Kentbank SA, Süzer et al. v Turkey, 6334/05 NEW
Eurolitigation 2 Years, 4 Months, 1 Week, 9 Hours, 45 Minutes ago
Mr. Mustafa Süzer and Eksen Holding SA owned by him controlled 99 % of the Kentbank capital (§ 5). It was 22nd biggest Turkish bank employing 2000 people in its 93 branches. On 01/02/2001 the Turkish Agency for Regulation and Supervision of Banks a...