CASE OF MORABITO v. ITALY
Okay, I will help you to understand this decision of the European Court of Human Rights.
Here's a breakdown of the Morabito v. Italy case:
1. **Essence of the Decision:**
The European Court of Human Rights (ECHR) ruled that Italy violated Article 3 of the Convention on Human…
**Case No. 380/3258/23 dated April 3, 2025**
[https://reyestr.court.gov.ua/Review/126346545](https://reyestr.court.gov.ua/Review/126346545)
Certainly, here is a detailed analysis of the court decision, as you requested:
1. The subject of the dispute is the lawfulness of the order of the Lviv Customs regarding the application of a disciplinary sanction in the form of a reprimand to an employee for inadequate control over…
Okay, here is the translation:
1. The subject of the dispute is a claim for reimbursement of expenses for professional legal assistance in the court of appeal.
2. The court of cassation, in overturning the decision of the appellate court, was guided by the fact that the defendant provided sufficient evidence of legal aid expenses…
1. The subject of the dispute is the recovery of forest land plots from the illegal possession of individuals in favor of the state.
2. The appellate court, in reversing the decision of the court of first instance, proceeded from the fact that the disputed land plots belonged to the forest land and were illegally transferred…
1. The subject of the dispute is the Decree of the President of Ukraine on the termination of the plaintiff's citizenship, issued on the basis of his voluntary acquisition of citizenship of the Russian Federation.
2. The court based its decision on the fact that the plaintiff voluntarily acquired citizenship of the Russian Federation, which is…
1. The subject of the dispute is the inaction of the High Council of Justice regarding the failure to consider the judge's application to cancel his suspension from office.
2. The court motivated its decision as follows: The HCJ is not an body that can cancel a decision on the suspension of a judge, as this…
Here is the translation of the legal text:
1. The subject of the dispute is the termination of the land lease agreement, initiated by the new owner of the land plot on the basis of a clause in the agreement that provides for such a possibility in the event of a change of owner.
2. …
1. The subject of the dispute is the recovery from Kharkiv Bus Plant LLC in favor of Kharkivgaz Zbut LLC of debt for the supplied natural gas, as well as penalties, fines, 3% per annum and inflationary losses.
2. The court of appeal partially satisfied the claim, based on the fact that the contract between the…
1. The subject of the dispute is the recognition of monetary claims of the creditor against the debtor in the case of insolvency of an individual.
2. The court of cassation quashed the decision of the appellate court, since the appellate court did not take into account that the assignment of the right of claim under…
1. The subject of the dispute is the recovery of UAH 16 million in debt under a contract for the procurement of contract work, which, according to the plaintiff, was performed but not paid for by the defendant.
2. The Supreme Court overturned the decisions of the previous instances because the courts did not fully investigate…
1. The subject of the dispute is the recognition as invalid of the gratuitous use agreement of communal property, concluded between the Olevsk City Council and Olevsk Lease Enterprise of Heating Networks LLC, the return of the property and the recovery of damages in the amount of the rent that the city council could have…
1. The subject of the dispute is the termination of the contract of purchase and sale of a small privatization object and the return of property to state ownership due to the buyer's failure to fulfill the terms of the contract regarding the repayment of wage arrears and debts to the budget.
2. The court, granting…
1. The subject of the dispute in this case is the recognition as illegal of the village council's decision on the privatization of the kindergarten, the invalidation of the purchase and sale agreement of this premises, the cancellation of the state registration of property rights, the recognition as invalid of the land lease agreement under…
Here is the translation of the legal text:
1. The subject of the dispute is the legitimacy of the accrual of payment for centralized heating by "Kyivteploenergo" based on the understated total heating area of the building, and the obligation to recalculate.
2. The Court of Appeal closed the appeal proceedings because the appeal was…
1. The subject of the dispute is the compensation for damages related to the improper performance of the preliminary contract for the sale of an apartment.
2. The court of cassation established that the appellate court mistakenly overturned the decision of the court of first instance and transferred the case for consideration to the commercial court,…
1. The subject of the dispute is the obligation of the Central Department of the State исполнительной службы to remove the арешт from the нерухомого майна of an individual, imposed within the framework of the виконавчого провадження on the basis of the виконавчого напису нотаріуса.
2. The courts of previous instances closed the провадження, considering that…
1. The subject of the dispute is the closure of appellate proceedings on the complaint of LLC "IBC "Dniprobud" against the decision of the court of first instance on the recognition of property rights to an unfinished construction object for an individual.
2. The court of cassation established that the appellate court mistakenly closed the appellate…
1. The subject of the dispute is the legality of the decision of the Poltava City Council regarding the extension of the placement of temporary structures for entrepreneurial activity, the action of the land easement, and the term of validity of the tie-in passports for JSC "Poltava-bank."
2. The court of cassation agreed with the conclusions…
1. The subject of the dispute is the inaction of the military unit regarding the failure to accrue and pay the plaintiff compensation for the loss of part of income due to violation of the terms of payment of indexation of monetary allowance.
2. The court of cassation established that the dispute concerns the payment of…
1. The subject of the dispute is the lawfulness of the order of the Lviv Customs regarding the imposition of a disciplinary sanction in the form of a reprimand on an employee for inadequate control over the actions of subordinates.
2. The court of first instance, with which the appellate court agreed, granted the employee's claim,…