Rechtsprechung
| EGMR, 31.05.2005 - 38581/97 |
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Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
T.K. AND S.E. v. FINLAND
Art. 6, Art. 6 Abs. 1, Art. 41 MRK
Violation of Art. 6-1 Pecuniary damage - claim dismissed Non-pecuniary damage - financial award Costs and expenses partial award - Convention proceedings (englisch)
Verfahrensgang
- EGMR, 16.03.2004 - 38581/97
- EGMR, 31.05.2005 - 38581/97
Wird zitiert von ... (0) Neu Zitiert selbst (5)
- EGMR, 13.05.2003 - 62960/00
ANTOINE contre le ROYAUME-UNI
Auszug aus EGMR, 31.05.2005 - 38581/97
More recently, the Court has found that criminal proceedings ended when the prosecution informed the accused that it had discontinued the proceedings against him (Slezevicius v. Lithuania, no. 55479/00, § 27, 13 November 2001, unreported) and when a domestic court found that an accused was unfit to stand trial by reason of his psychiatric condition (Antoine v. the United Kingdom, (dec.) no. 62960/00, ECHR 2003-VII), even though in both cases there remained a theoretical possibility that the charges against the applicant could one day be pursued. - EKMR, 03.10.1979 - 8233/78
X. v. the UNITED KINGDOM
Auszug aus EGMR, 31.05.2005 - 38581/97
Conversely, it is also the case that such proceedings will end with an official notification to the accused that he or she is no longer to be pursued on those charges such as would allow a conclusion that the situation of that person can no longer be considered to be substantially affected (X v. the United Kingdom, no. 8233/78, Commission decision of 3 October 1979, §§ 64 and 65, unreported). - EGMR, 10.12.1982 - 8304/78
CORIGLIANO v. ITALY
Auszug aus EGMR, 31.05.2005 - 38581/97
A person has been found to be subject to a "charge" when a preliminary investigation has been opened in his case and, although not under arrest, the applicant has officially learned of the investigation or has begun to be affected by it (see Corigliano v. Italy, judgment of 10 December 1982, Series A no. 57, § 34). - EGMR, 15.07.1982 - 8130/78
Eckle ./. Deutschland
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The Court reiterates that in criminal proceedings the "reasonable time" begins to run with "the official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence", a definition that also corresponds to the test whether "the situation of the [suspect] has been substantially affected" (see Eckle v. Germany, judgment of 15 July 1982, Series A no. 51, § 73). - EGMR, 10.02.1995 - 15175/89
ALLENET DE RIBEMONT c. FRANCE
Auszug aus EGMR, 31.05.2005 - 38581/97
Under the head of pecuniary and non-pecuniary damage, considering that these could not be separated from one another as his career had suffered from the loss of reputation and relying on Allenet de Ribemont v. France (judgment of 10 February 1995, Series A no. 308) and Ferraro v. Italy (judgment of 19 February 1991, Series A no. 197-A), the second applicant claimed EUR 50, 000 as compensation for the loss of his reputation, career, finances and health.