In Nodet v. France (6.6.2019) the ECHR applies the non bis in idem principle according to its recent A. & B. v. Norway jurisprudence (24130/11 and 29758/11, 15.11.2016), which is in some contrast with the Menci jurisprudence of the CJEU (C-524/15, 20.3.2018), also mentioned in the Nodet judgment (at § 31).
Archiv der Kategorie: Recent Case Law
Judgment of the ECHR in Repcevirag Szövetkezet v. Hungary
In Repcevirag Szövetkezet v. Hungary (30.4.2019) the ECHR examines whether the Kúria breached Article 6 of the Convention by refusing to request a preliminary ruling by the CJEU in proceedings relating to an action in tort against Hungary for infringement of European Union law (Köbler case-law).
Judgment of the CJEU in the case of TC
Judgment of the CJEU in the case of Jawo v. Bundesrepublik Deutschland
In Jawo v. Bundesrepublik Deutschland (C-163/17, 19.3.2019) the CJEU inter alia further specifies the impact of Article 4 of the EU-Charter on the execution of the Dublin Regulation and draws on the M.S.S. v. Belgium and Greece judgment of the ECHR. It also describes the relationship between systemic deficiencies in the asylum procedure of a Member State and the requirement of an individual assessment of the situation of asylum seekers.
Judgment of the ECHR in Harisch v. Germany
In Harisch v. Germany (11.4.2019) the ECHR assesses compliance with Article 6 of the Convention of the failure by the Federal Court of Justice (BGH), in the context of its examination of a refusal of leave to appeal, to give reasons for its refusal to request a preliminary ruling from the CJEU (Art. 267 TFEU).