Volltextveröffentlichungen (3)

• Europäischer Gerichtshof für Menschenrechte

  X c. ROYAUME-UNI (ARTICLE 50)

  Art. 41 MRK
  Préjudice moral - constat de violation suffisant Remboursement frais et dépens - procédure nationale Prend acte de l'accord sur les frais et dépens - procédure de la Convention ...

• Europäischer Gerichtshof für Menschenrechte

  X v. THE UNITED KINGDOM (ARTICLE 50)

  Art. 41 MRK
  Non-pecuniary damage - finding of violation sufficient Costs and expenses award - domestic proceedings Notes agreement on Costs and expenses - Convention proceedings (englisch)

• juris (Volltext/Leitsatz)

Verfahrensgang

• EKMR, 07.07.1977 - 7215/75
• EGMR, 05.11.1981 - 7215/75
• EGMR, 18.10.1982 - 7215/75

Papierfundstellen

• Serie A Nr. 55

Wird zitiert von ... (0)Neu Zitiert selbst (6)

• EGMR, 05.11.1981 - 7215/75

  X v. THE UNITED KINGDOM

  Auszug aus EGMR, 18.10.1982 - 7215/75

  By judgment of 5 November 1981, the Court held that there had been a breach of paragraph 4 (art. 5-4), but not of paragraph 1 (art. 5-1), of Article 5 and that it was not necessary also to examine the case under paragraph 2 (art. 5-2) (Series A no. 46, points 1, 2 and 3 of the operative provisions and paragraphs 36-66 of the reasons, pp. 17-28).

  The Court accepts that in principle this will be so, at least in respect of material damage and costs (see the Deweer judgment of 27 February 1980, Series A no. 35, pp. 19-20, § 37, and the above-mentioned judgment of 5 November 1981 in the present case, Series A no. 46, p. 15, § 32).

• EGMR, 06.11.1980 - 6538/74

  SUNDAY TIMES c. ROYAUME-UNI (N° 1) (ARTICLE 50)

  Auszug aus EGMR, 18.10.1982 - 7215/75

  However, even if it were assumed that X did in fact experience such distress, this does not settle the issue: just satisfaction is to be afforded only "if necessary", and the matter falls to be determined by the Court at its discretion, having regard to what is equitable (see the Sunday Times judgment of 6 November 1980, Series A no. 38, p. 19, § 15 in fine).

  Furthermore, it has to be established that the costs and expenses were actually incurred, were necessarily incurred and were also reasonable as to quantum (see, inter alia, the above-mentioned Sunday Times judgment, Series A no. 38, pp. 13-18, §§ 23-42).

• EGMR, 07.05.1974 - 1936/63

  NEUMEISTER v. AUSTRIA (ARTICLE 50)

  Auszug aus EGMR, 18.10.1982 - 7215/75

  Consequently, there being no causal link with the sole breach found by the Court (see the Neumeister judgment of 7 May 1974, Series A no. 17, p. 18, § 40), no compensation is recoverable in respect of mental suffering attributable to the deprivation of liberty in itself or to the habeas corpus proceedings in so far as they related to X's compulsory readmission to hospital as an emergency measure.

  Costs and expenses are recoverable under Article 50 (art. 50) provided that they were incurred by or on behalf of the injured party in order to try to prevent the violation found by the Court or to obtain redress therefore (see, inter alia, the above-mentioned Neumeister judgment, Series A no. 17, pp. 20-21, § 43).

 
• EGMR, 06.02.1981 - 6289/73

  AIREY c. IRLANDE (ARTICLE 50)

  Auszug aus EGMR, 18.10.1982 - 7215/75

  Neither the Government nor the Commission suggested that the applicant or his estate had not actually incurred liability for costs additional to those covered by the Commission's grant of legal aid (cf., inter alia, the Airey judgment of 6 February 1981, Series A no. 41, p. 9, § 13).
• EGMR, 27.02.1980 - 6903/75

  DEWEER c. BELGIQUE

  Auszug aus EGMR, 18.10.1982 - 7215/75

  The Court accepts that in principle this will be so, at least in respect of material damage and costs (see the Deweer judgment of 27 February 1980, Series A no. 35, pp. 19-20, § 37, and the above-mentioned judgment of 5 November 1981 in the present case, Series A no. 46, p. 15, § 32).
• EGMR, 13.06.1979 - 6833/74

  MARCKX v. BELGIUM

  Auszug aus EGMR, 18.10.1982 - 7215/75

  Having regard to the limit of its own functions (see the Ireland v. the United Kingdom judgment of 18 January 1978, Series A no. 25, p. 72, § 187, and the Marckx judgment of 13 June 1979, Series A no. 31, p. 25, § 58), the Court judges it appropriate to confine itself to taking note of the draft legislation in question, specifically introduced by the Government with a view to adjusting the domestic law to the requirements of the Convention.