Legal protection of business before the European court
The European court of human rights is a supranational international formation, which considers complaints from victims as to alleged violations of their rights by States - members of Convention.
It is profound misconception to believe that Convention protects only individuals and can not be applied to legal entities. Thus, in case of violation of the right to peaceful enjoyment of possessions (Article 1 of Protocol ¹ 1 of the Convention), legal entity may appear to be a victim of a violation. Moreover, the European court’s case-law contains sufficient number of decisions regarding violations of various aspects of the legal entities’ right to a fair trial (Article 6).
We offer our clients to benefit from our legal expert’s significant experience regarding protection of their companies’ rights before the European court of human rights.
We offer our clients the following services:
- Consulting with respect to the prospects of applying to the Court;
- Strategic support in national courts in order to exhaust effective remedies, and with the aim for subsequent application to Court;
- Preparation of a complaint to the Court;
- Maintaining communication with the Court and effective representation of a client during the proceedings;
- Preparation of an observations on the government’s arguments;
- Preparation of an adequate claims for just satisfaction;
- Support negotiations as to friendly settlement of the case (if needed);
- Support executive procedures at the domestic level.
Among recent projects of ILF’s lawyers as to cases before European court:
16 December 2010 European court of human rights held the judgment in case of Borotyuk v. Ukraine, founding violation of Article 5 and Article 6 of Convention. It concluded that most appropriate form of redress would be to ensure that the applicant is put as far as possible in the position in which he would have been had this provision not been disregarded (i.e. that court proceedings may be reopened).
14 October 2010 European court of human rights held the judgment in case of Logvinenko v. Ukraine, founding violation of Article 3 and 13. It awarded 8000 euro of compensation.
