June at the European Court of Human Rights

By HRC Correspondent, 29 June 2011

The European Court of Human Rights considered three cases concerning the human rights of companies in June, although readers of this blog will be disappointed to know that two of those were unexcitingly struck from the case list.

At Romania’s request the court reviewed the case of SC Placebo Consult SRL v Romania after it was discovered that the company’s sole shareholder had died prior to the court’s judgement, delivered on September 21, 2010.

The court had originally ruled in favour of Placebo Consult, a Romanian construction firm based in Craiova, ruling that the lengthy back-and-forth in the domestic courts meant that there had been a violation of Article 6, the right of access to court.

Although it had awarded damages, with the death of the company’s manager and sole shareholder the court stuck out the case.

The court also struck out a complaint brought by a Turkish mixed-interest tourism company against the state after the two parties reached an amicable settlement.

In Günaydın Turizm ve İnşaat Ticaret Anonim Şirketi v Turkey the company had alleged a violation of Article 1 of Protocol No 1, the right to protection of property, after the state acquired a palace and outbuildings belonging to the company.

More typically, the Court ruled that that there had been a violation of Article 6(1), safeguarding access to courts, in a complaint brought by Bulfracht Ltd, a Bulgarian shipping company.

The company had complained about the refusal of the Croatian Supreme Court to examine its appeal against a domestic court ruling that had gone against it in its bid to get payment for $500,000 in freight in the 1990s.

The court awarded costs and expenses to the company.

 

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