Russia , no. 3447/06, § 26, 18 February 2010) or when an applicant knew, or ought to have known, that the enforcement of the judgments in her favour was no longer possible (see, for instance, Babich and

In the instant case, there was no evidence that the authorities knew, or ought to have known, that K.W. was likely to commit a crime of violence if he was released for a period of home leave.

She contended that the Ministry of Interior examining her hierarchical recourse was acting as a tribunal and thus the relevant period for the examination of the recourse ought to be included in the calculation

It was true that the CJEU’s interpretation of a provision of European Union law clarified and specified the meaning and scope of that provision as it should or ought to have been understood and applied

The domestic courts had clearly gone beyond the elements which ought to have been assessed under Article 13   (b) of the Hague Convention, while ignoring the conclusions of the experts, namely that

General statements on why certain types of information held by the authorities ought to be made available were not sufficient to engage Article 10.

was invited, in case the assumption was incorrect that in these circumstances he did not wish to pursue the application, to indicate by 22   May 2012 for what reason he considered that the Court ought

the prosecutor’s participation, the principles of equality of arms and of adversarial proceedings had been adequately safeguarded in the case at hand and, therefore, whether the “fair balance” that ought

According to the Court of Cassation, the applicant ought to have been tried for collective smuggling.

However, if a similar case was to be brought before the courts, these ought to be able to solve the problem by applying the general rule of disqualification in the Code of Judicial Procedure, which applies

compensation claims lodged by victims, regardless of whether the criminal proceedings had ended in discontinuation or acquittal, the Court had emphasised that while exoneration from criminal liability ought

In particular:   (a)     Did the authorities of the respondent State know, or ought they to have known, of a real and immediate risk to the applicant of ill-treatment (see X   and Others

contrat de bail du 1er octobre 2020, - congé pour reprise du logement en date du 19 novembre 2020, - état des lieux de sortie du 25 janvier 2021, - sommation interpellative du 30 mars 2021, - location Ouicar

né le 12 Mai 1945 à OURCHES (26120), demeurant ...-13470 CARNOUX EN PROVENCE représenté par Me Paul MAGNAN, avoué à la Cour, Ayant pour avocat Me Monique BERTHELON, avocat au barreau de STRASBOURG

interference with the right to peaceful enjoyment of possessions seen here in the refusal to register the property in the applicant foundation’s name and its registration in that of the Treasury instead, ought

The Conseil d’État held that the new provisions were applicable to such a situation, whereas the Court of Cassation considered that the provisions of ordinary law ought to apply, with the result that it

As he had not done so, the first-instance decision ought to have taken account of the change in the rules introduced by the legislative decree.

F..., sapeur-pompier volontaire au sein du service départemental d’incendie et de secours (SDIS) de l’Orne, exerçait ses fonctions au centre d’incendie et de secours de La Ferté-en-Ouche.

déduire une possession « animo domini » et comme propriétaire exclusif   ; Qu'or, force est de constater qu'à compter de 1960, Jean-Pierre E... a soustrait une partie de la parcelle des Petites Ouches

The applicant also submitted that the tape recording was inadmissible as evidence against him, having been improperly obtained; but if admissible, the trial judge ought to exercise his discretion to exclude