Rechtsprechung
| EGMR, 26.06.2018 - 47911/15 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
TELBIS AND VIZITEU v. ROMANIA
No violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing);No violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions) (englisch)
Sonstiges
- Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)
TELBIS AND OTHERS v. ROMANIA
Art. 6, Art. 6 Abs. 1, Protokoll Nr. 1 Art. 1 MRK
[ENG]
Wird zitiert von ... (12) Neu Zitiert selbst (5)
- EGMR, 10.04.2003 - 38602/02
YILDIRIM contre l'ITALIE
Auszug aus EGMR, 26.06.2018 - 47911/15
Property rights being civil rights within the meaning of Article 6 § 1 of the Convention, that provision was applicable under its civil head (see Silickiene v. Lithuania, no. 20496/02, §§ 45-46, 10 April 2012, and Yldirim v. Italy (dec.), no. 38602/02, ECHR 2003-IV).In implementing such a policy, the legislature must have a wide margin of appreciation both with regard to identifying the existence of a problem affecting the public interest which requires measures of control and the appropriate way to apply such measures (see Arcuri and Others, decision cited above; see also Silickiene, cited above, § 63, and Yildirim v. Italy (dec.), no. 38602/02, ECHR 2003-IV).
- EGMR, 10.07.2002 - 39794/98
GRATZINGER ET GRATZINGEROVA c. REPUBLIQUE TCHEQUE
Auszug aus EGMR, 26.06.2018 - 47911/15
Where the proprietary interest is in the nature of a claim, it may be regarded as an "asset" only where it has a sufficient basis in national law, for example where there is settled case-law of the domestic courts confirming its existence (see, amongst many authorities, Gratzinger and Gratzingerova v. the Czech Republic (dec.) [GC], no. 39794/98, § 69, ECHR 2002-VII, and Kopecký v. Slovakia [GC], no. 44912/98, § 52, ECHR 2004-IX). - EGMR, 05.02.2015 - 22251/08
BOCHAN v. UKRAINE (No. 2)
Auszug aus EGMR, 26.06.2018 - 47911/15
The Court should not act as a fourth instance and will not therefore question under Article 6 § 1 the judgment of the national courts, unless their findings can be regarded as arbitrary or manifestly unreasonable (see the case-law cited in paragraph 51 above and Bochan v. Ukraine (no. 2) [GC], no. 22251/08, § 61, ECHR 2015). - EGMR, 05.07.2001 - 52024/99
ARCURI ET AUTRES c. ITALIE
Auszug aus EGMR, 26.06.2018 - 47911/15
It is not the Court's task to substitute its own assessment of the facts for that of the domestic courts or to give a ruling as to whether certain elements were properly admitted as evidence, but rather to ascertain whether the proceedings as a whole, including the way in which the evidence was taken, were fair (see Arcuri and Others v. Italy (dec.), no. 52024/99, ECHR 2001-VII). - EGMR, 10.04.2012 - 20496/02
SILICKIENE v. LITHUANIA
Auszug aus EGMR, 26.06.2018 - 47911/15
Property rights being civil rights within the meaning of Article 6 § 1 of the Convention, that provision was applicable under its civil head (see Silickiene v. Lithuania, no. 20496/02, §§ 45-46, 10 April 2012, and Yldirim v. Italy (dec.), no. 38602/02, ECHR 2003-IV).
- EGMR - 973/21 (anhängig)
FRAROVI S.A.S. DI ROVINELLI THOMAS & C. v. ITALY and 3 other applications
(i) whether the nature and severity of the crimes on which the declaration of social dangerousness of G.R. has been grounded justified the presumption that the applicants' assets were proceeds of unlawful activities (compare Bongiorno and Others v. Italy, no. 4514/07, § 45, 5 January 2010, Gogitidze and Others v. Georgia, no. 36862/05, § 107, 12 May 2015, Telbis and Viziteu v. Romania, no. 47911/15, §§ 74 and 77, 26 June 2018, and Balsamo v. San Marino, nos.(iii) whether the applicants were afforded a reasonable opportunity of putting their arguments before the domestic courts and whether the latter duly examined the evidence submitted by the applicants (Telbis and Viziteu v. Romania, no. 47911/15, § 78, 26 June 2018), considering, inter alia, that: pursuant to Article 23 § 2 of Decree no. 159/2011, the applicants, as third parties, could intervene in the proceedings exclusively once their assets had been already seized; that the applicants were to prove the lawful origin of their assets many years after their acquisition had taken place; and that the applicants could not invoke, in order to demonstrate the lawful origin of their assets, their income allegedly deriving from lawful activities that they had not declared to the Tax Authority.
- EGMR - 81658/17 (anhängig)
NOCERINO v. ITALY and 3 other applications
(iii) whether the applicants were afforded a reasonable opportunity of putting their arguments before the domestic courts and whether the latter duly examined the evidence submitted by the applicants (Telbis and Viziteu v. Romania, no. 47911/15, §§ 78, 26 June 2018). - EGMR, 24.06.2021 - 77668/14
IMERI v. CROATIA
- EGMR - 76967/17 (anhängig)
PERROZZI v. ITALY and 13 other applications
(iii) whether the applicants were afforded a reasonable opportunity of putting their argument before the domestic courts and whether the latter duly examined the evidence submitted by the applicants (Telbis and Viziteu v. Romania, no. 47911/15, § 78, 26 June 2018). - EGMR, 14.06.2022 - 10647/17
DOLIC AND HASANI v. CROATIA
The Court notes that in a number of cases it had already declared inadmissible for lack of victim status property complaints raised by the applicants in similar circumstances (see Telbis and Viziteu v. Romania, no. 47911/15, §§ 62-64, 26 June 2018; Eliseev and Ruski Elitni Klub v. Serbia (dec.), no. 8144/07, §§ 32-36, 10 July 2018; Dagostin, cited above, §§ 23-26; Neziri v. North Macedonia (dec.) [Committee], no. 55347/17, §§ 13-16, 8 July 2021; Erjuz v. North Macedonia (dec.) [Committee], no. 41790/16, §§ 18-22, 14 October 2021; and Gerguri v. North Macedonia (dec.) [Committee], no. 54953/16, §§ 17-21, 18 November 2021). - EGMR, 02.02.2021 - 41680/13
ULEMEK v. SERBIA
The Court also notes that the interference constituted the control of the use of property within the meaning of the second paragraph of Article 1 of Protocol No. 1 (see, among many other authorities, Air Canada v. the United Kingdom, 5 May 1995, § 34, Series A no. 316-A; Veits v. Estonia, no. 12951/11, § 70, 15 January 2015; Gogitidze and Others v. Georgia, no. 36862/05, § 94, 12 May 2015; Telbis and Viziteu v. Romania, no. 47911/15, § 69, 26 June 2018; and Riela and Others v. Italy (dec.), no. 52439/99, 4 September 2001). - EGMR - 20674/17 (anhängig)
CINQUE v. ITALY
(ii) whether the applicants were afforded a reasonable opportunity of putting their arguments before the domestic courts and whether the latter duly examined the evidence submitted by the applicants (Telbis and Viziteu v. Romania, no. 47911/15, § 78, 26 June 2018);. - EGMR - 36551/22 (anhängig)
ISAIA v. ITALY and 2 other applications
(a) did the nature and severity of the crimes committed after 1998 justify the declaration of social dangerousness and the presumption that the applicant's assets were proceeds of unlawful activities (compare Bongiorno and Others v. Italy, no. 4514/07, § 45, 5 January 2010, Gogitidze and Others v. Georgia, no. 36862/05, § 107, 12 May 2015, and Telbis and Viziteu v. Romania, no. 47911/15, §§ 74 and 77, 26 June 2018)?. - EGMR - 78715/16 (anhängig)
LETIZIA AND OTHERS v. ITALY
(3) whether the applicants were afforded a reasonable opportunity of putting their arguments before the domestic courts and whether the latter duly examined the evidence submitted by the applicants (see Telbis and Viziteu v. Romania, no. 47911/15, § 78, 26 June 2018 and G.I.E.M. S.R.L. and Others v. Italy [GC], nos. 1828/06 and 2 others, § 302, 28 June 2018)?. - EGMR, 22.02.2022 - 502/15
VOICULESCU AND OTHERS v. ROMANIA
Moreover, the Court has previously found that similar proceedings relating to seizure of assets from third parties did not concern a "criminal charge" against the applicants (see Telbis and Viziteu v. Romania, no. 47911/15, § 49, 26 June 2018). - EGMR, 26.03.2019 - 43154/10
DAKTARAS v. LITHUANIA
- EGMR - 61799/15 (anhängig)
MACAGNINO v. ITALY and 1 other application