SEMYANISTY AND OTHERS v. UKRAINE - 7070/04 - Committee Judgment [2014] ECHR 25 (09 January 2014)
The State failed to enforce domestic court decisions in favour of the applicants in due time, violating Article 6 § 1 and Article 1 of Protocol No. 1; applicants lacked effective domestic remedies, violating Article 13.
- Citation
- [2014] ECHR 25
- Parties
- Applicants: Semyanisty and Others; Respondent: Ukraine
- Jurisdiction
- European Union
- Judgment Date
- 09 January 2014
- Procedural Posture
- Application Under Article 34 of the European Convention on Human Rights / Final Judgment
- Outcome
- application partly struck out, remaining complaints upheld
- Legal Topics
- Non Enforcement of Judgments, Effective Remedies, Transferability of Property Rights, Just Satisfaction
Case Brief
Summary, issues, holding and outcome
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Parties
Semyanisty and Others
Applicants
Ukraine
Respondent
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment
Legal Issues
- 1 lengthy non-enforcement of domestic court decisions
- 2 lack of effective domestic remedies
- 3 transferability of property rights to heirs
Ratio Decidendi
The State failed to enforce domestic court decisions in favour of the applicants in due time, violating Article 6 § 1 and Article 1 of Protocol No. 1; applicants lacked effective domestic remedies, violating Article 13.
Court Disposition
application partly struck out, remaining complaints upheld
Orders
- Application struck out for deceased applicants with no heirs wishing to pursue.
- Complaints of remaining applicants declared admissible.
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