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The News

German Federal Constitutional Court rules that EU court judgements are to be followed

26 August 2010, Karlsruhe. Germany’s top constitutional judges ruled that the country’s courts must follow precedents set down by the European Union’s Court of Justice (EUCJ) unless they were rendered in an “evident violation of powers.”


Claiming less than 1 Euro before the ECHR

27 July 2010, Strasbourg (Ref: Applic. 2551/05). A court award of 22.50 Roubles was never honoured by the authorities, and Applicant's further domestic actions to recover the moneys were dismissed. This led to the present application before the European Court of Human Rights (ECHR), relying on Article 6 (right to a fair trial) and Artice 1 of Protocol 1 (right to the protection of property). The Court concluded that the applicant had not suffered a 'significant disadvantage' in terms of the admissibility criterion introduced with the entry into force of Protocol No. 14 on 1 June 2010.


Compensation for damage caused by power surges (Malta, Parliamentary Ombudsman)

11 August 2010, Valletta. The Parliamentary Ombudsman publised a report dealing with Malta's national electricity producer, Enemalta Corporation, which is refusing to compensate clients that suffered damages consequent to electricity power surges.


Building roads and town planning in the public interest (Malta, Constitutional Court)

30 July 2010, Valletta (Ref: App. Civ. 696/1999/1). The Constitutional Court confirmed a judgement of the First Hall of the Civil Court in its consitutional jurisdiction, that the expropriation of farmland to build a road, amounted to a 'public interest'.


Conditions of Admissibility (ECHR)

28 July 2010, Strasbourg. The Research Division of the European Court of Human Rights (ECHR) recently published an updated list of 'Conditions of Admissibility'.


No compensation in spite of loss of rights (Malta, First Hall of the Civil Court)

30 July 2010, Valletta (Ref: Citaz. Nru. 1125/2007). A contractor who came second in a tendering process was not awarded material damages after the original award was declared vitiated by the Courts of Justice.