The Court cannot establish from the documents in its possession where the applicant was detained between January and July 2009.

However, the Court cannot ascertain the date on which the applicant brought that challenge for the first time.

In these circumstances, the Court cannot but dismiss the Government’s preliminary objection under this head. 23.

A strike cannot take place before the completion of the conciliation/mediation procedures.

Moreover, the applicants cannot claim that they had a legitimate expectation that the tips at issue would not count towards remuneration.

First Section), sitting on 20   September 2011 as a Chamber composed of:   Nina Vajić, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Mirjana Lazarova Trajkovska,   Julia

European Court of Human Rights (First Section), sitting as a Chamber composed of:   Nina Vajić, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Mirjana Lazarova Trajkovska,   Julia

Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:   Khanlar Hajiyev, President,   Julia Laffranque,   Erik Møse, judges, and André Wampach,

sitting as a Chamber composed of:   Nina Vajić, President,   Anatoly Kovler,   Peer Lorenzen,   Khanlar Hajiyev,   George Nicolaou,   Mirjana Lazarova Trajkovska,   Julia

sitting on 13   December 2011 as a Chamber composed of:   Nina Vajić, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Egbert Myjer,   Mirjana Lazarova Trajkovska,   Julia

Section), sitting on 1   October 2013 as a Chamber composed of:   Isabelle Berro-Lefèvre, President,   Elisabeth Steiner,   Khanlar Hajiyev,   Mirjana Lazarova Trajkovska,   Julia

Section), sitting on 30   August 2011 as a Chamber composed of:   Nina Vajić, President,   Anatoly Kovler,   Peer Lorenzen,   Elisabeth Steiner,   Khanlar Hajiyev,   Julia

Ukraine, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:   Mirjana Lazarova Trajkovska, President,   Zdravka Kalaydjieva,   Julia Laffranque, judges

SVISTUNOV against Russia The European Court of Human Rights (First Section), sitting on 27   March 2012 as a Committee composed of:   Peer Lorenzen, President,   Elisabeth Steiner,   Julia

Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:   Khanlar Hajiyev, President,   Julia Laffranque,   Dmitry Dedov, judges, and Søren Prebensen

Anna NICOLSCHI against the Republic of Moldova The European Court of Human Rights (Second Section), sitting on 27   September 2016 as a Chamber composed of:   Işıl Karakaş, President,   Julia

  In the circumstances the Commission cannot accept the applicant's claim that the CSA has not backdated the changes in his assessment.

A court cannot reject a claim on the basis of a legislative loophole, but is required to give a decision based on the general principles of law. 4.

In these circumstances, the authorities cannot be blamed for a failure to take any further procedural steps at that stage.