A positive obligation will arise where it has been established that the authorities knew, or ought to have known, at the time, of the existence of a real and immediate risk to the life of an identified

which render the remedy ineffective, it may be appropriate for the purposes of Article 35 § 1 of the Convention to take the start of the six-month period from the date when the applicant first became or ought

Babich and Azhogin the Court rejected the applications as introduced out of time where the applicants had lodged their complaints more than six months after the time at which they had clearly learned, or ought

directed the course of receiving the bribe, decided and determined the amount of the bribe, and also [taking into account] the opinion expressed by the prosecutor, the court considers that [the accused] ought

infraction commise le 30 aout 2015 à 15 h 47 à Richebourg, 1 point pour une infraction commise le 27 décembre 2016 à 23 h 14 à Saint Cyr, 1 point pour une infraction commise le 29 décembre 2016 à 14 h 05 à Oulchy

application by the Minister on 13   December 2005, the Regional Court ( arrondissementsrechtbank ) of The Hague, sitting in Amsterdam, upheld the applicant’s appeal, considering that the Minister ought

inter alia , that the first-instance court had chosen to rely on the expert report which had made the lowest assessment of the value of the applicant’s property out of the three reports, whereas it ought

The Court recalled in this respect that the standard of proof for establishing the well-foundedness of a criminal charge by a competent authority could hardly be compared to that which ought to be observed

The Greek courts had accepted that the notice was void, but had dismissed the application to have the sale annulled as inadmissible on the ground that he ought to have lodged it before the auction had

The authorities were aware of that risk and were aware, or ought to have been aware, of the possibility that the risk derived from the activities of persons or groups acting with the knowledge or acquiescence

in the present circumstances – with the applicant no longer at risk of expulsion – she nevertheless wished to maintain her application and, if so, for what reason she was of the view that the Court ought

The court agreed with the applicant’s arguments substantiating that the first-instance court ought to have considered his claim on the merits.

It held in those cases that the applicants ought first to apply to the Compensation Commission in so far as it provided a new domestic remedy that was accessible and capable of providing redress in respect

held that as the third applicant was born more than 300 days after the decision authorising the first two applicants to live separately, the legal presumption that the second applicant was the father ought

(b)     Applications nos. 28480/13 and 28506/13 – The Ministry of Finance ought to have found out about the existence of the contested judgments by August 2011 at the latest, when it began to

In the Government’s view, this ought to be considered a fact of decisive influence which was unknown when the judgment was delivered within the meaning of Rule 80. 7.

children against domestic violence, including (a) effective deterrence against such serious breaches of personal integrity, (b) reasonable steps to prevent ill-treatment of which the authorities have, or ought

considered that it had to place itself at the time of the alleged events, that is in 1992 – thus setting aside the ties subsequently formed by the applicant with Switzerland –, and held that the term “case” ought

The signalling by a civil servant or an employee in the public sector of illegal conduct or wrongdoing in the workplace ought thus, in certain circumstances, to enjoy protection, for example where the

However, the Supreme Court found in January 2003 that she ought rather to have relied on Article 504 of the Code of Criminal Procedure (CCP) which became applicable to her situation following a judgment