Subject of the dispute - appealing a court verdict regarding the conviction of a person for theft of 750 hryvnias during martial law. The court in making its decision was guided by the following: 1) a new law came into force that raised the threshold value of property for qualifying theft as a criminal offense;…
The cassation instance court established that the appellate court incorrectly applied the procedural law norms when it revoked the first instance court's ruling on leaving without consideration the application for review of the заочне (in absentia) decision. The Supreme Court pointed out that the applicant's representative did not prove the existence of objective insurmountable difficulties…
The court was guided by the fact that the territorial community is not the owner of the inherited property and has no grounds for its recovery as a non-possessing owner. By analogy with the law (Article 1280 of the Civil Code of Ukraine), in the case of alienation of inherited property to a bona fide…
The subject of the dispute concerns the legality of closing criminal proceedings against a customs state inspector due to the expiration of pre-trial investigation terms. The court was guided by the fact that since the criminal proceedings were initiated before March 16, 2018 (when amendments to the Criminal Procedure Code came into effect), and then…
This Regulation is a technical correction to Commission Implementing Regulation (EU) 2019/2072 that specifically addresses errors in the Croatian language version regarding plant health protective measures. The corrections concern terminology related to the PPV000 virus, Solanum L. plant species, and wood packaging material descriptions in various annexes of the original regulation.The structure of the act…
The case concerns complaints from five individuals against Russia regarding their unlawful detention pending removal from Russia. The Court found violations of Article 5 § 1 of the Convention in all cases.The Court examined cases where individuals were detained for extended periods (ranging from several months to four years) pending their removal from Russia to…
The case concerns the disclosure of confidential medical information about a Moldovan citizen by his doctor during criminal proceedings, as well as subsequent forwarding of this information by state institutions without the person's consent.The European Court of Human Rights found two violations of Article 8 of the Convention (right to respect for private life):1. The…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Matveyev and Others v. Russia, which consolidated five separate applications concerning violations of freedom of expression in Russia. The cases involved various forms of restrictions on freedom of expression, including defamation claims, administrative penalties for criticizing Russian military actions, and limitations…
The European Court of Human Rights (ECHR) delivered a judgment in the case of Lobacheva and Others v. Russia, which consolidated seven applications concerning various restrictions on freedom of expression in Russia. The Court found violations of Article 10 of the Convention in all cases, where applicants were convicted under Russian law for allegedly extremist…
The case concerns a violation of Article 6 § 1 of the Convention (right to a fair trial) in proceedings against a Ukrainian national for driving under the influence of drugs. The European Court of Human Rights found that the Ukrainian Court of Appeal lacked impartiality when examining the administrative offense case against the applicant.The…
The case concerns the demolition of an unlawfully built Roma encampment in Wrocław, Poland in 2015, which raised issues regarding respect for private and family life under Article 8 of the European Convention on Human Rights. The European Court of Human Rights found that while the demolition had a legal basis and pursued legitimate aims…
The case concerns the Supreme Court of Ukraine's interpretation of a provision of domestic law in a manner that was allegedly unforeseeable and contrary to the principle of legal certainty. The dispute arose between Ukrkava TOV (a Ukrainian company) and the State Savings Bank regarding a loan agreement and related mortgage.The key issue was the…
The court was guided by the fact that as a result of the reorganization, a specific private-public legal succession occurred, whereby the Fund as a legal entity of private law was terminated, and its powers were transferred to the Pension Fund of Ukraine as a legal entity of public law. Since the plaintiff essentially claims…
The court was guided by the fact that an age pension on preferential terms and an age pension on general grounds are different varieties of the same type of pension provision. Article 13 of Law No. 1788-XII provides not a separate type of pension, but only preferential conditions for its assignment through a reduction in…
The court established that the High Qualification Commission of Judges (HQCJ) exceeded its powers, as until 30.12.2023, the right to evaluate a judge's compliance with their position belonged exclusively to the HQCJ collegiums, and not its plenary composition. Moreover, the HQCJ erroneously applied to the procedure of evaluating a judge's compliance with their position the…
This judgment concerns the interpretation of limitation periods for proceedings related to irregularities affecting the EU's financial interests under Regulation No 2988/95.The case arose from a dispute in Greece regarding the recovery of EU agricultural funds from a company that received financial support in 2001 but was found to have irregularities during inspections in 2006.…
This judgment concerns the interpretation of Directive 2011/7/EU on combating late payment in commercial transactions, specifically regarding payment periods between businesses.The Court ruled on whether a payment period longer than 60 calendar days can be unilaterally imposed by one party. The case involved a dispute between two Polish companies where one party unilaterally set 120-day…
This is a Commission Implementing Regulation amending Annex I to Regulation (EU) 2023/594 regarding special disease control measures for African swine fever (ASF). The regulation updates the restricted zones I, II and III in various EU member states where special control measures for ASF apply. The main changes include: - New outbreaks of ASF were…
The cassation instance court established that the appellate court did not properly verify the defendant's arguments regarding the incorrectness of the plaintiff's calculation of inflation losses and 3% per annum after replacing projected volumes with actual ones. In particular, the issue of the legitimacy of accruing these payments on advance payments after signing the service…
This judgment concerns a dispute between Poland and the European Commission regarding penalty payments imposed by the Court of Justice of the EU. Here are the key points: 1. The case relates to Poland's failure to comply with interim measures ordered by the Court of Justice regarding Poland's judicial reforms. The Court had ordered Poland…