In the case of Advance Pharma sp. z o.o v. Poland, the Court has found a violation of the right to a fair hearing.

The applicant company in this case, one of 94 applications against Poland concerning various aspects of the reorganisation of the Polish judicial system initiated in 2017, had argued that the Civil Chamber of the Supreme Court, which had decided on a case concerning it, had not been a “tribunal established by law” and had lacked impartiality and independence.

The Court found that the violation of the applicant company’s rights originated in the amendments to Polish legislation which enabled the executive and the legislature to interfere directly or indirectly in the judicial appointment procedure, thus systematically compromising the legitimacy of a court composed of judges appointed in that way. The Court found that the continued operation of the National Council for the Judiciary as constituted by the 2017 Amending Act and its involvement in the judicial appointments procedure perpetuated the systemic dysfunction established by the Court. 

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Factsheet - Independence of the justice system

In the case of N.M. and Others v. France, the Court has found a violation of the right to protection of property.

The case concerned the dismissal, by the administrative courts, of the arguments submitted by the parents in their claim for compensation for the special costs arising from their child’s disability. This disability had not been detected at the time of the prenatal diagnosis. Legislative provisions which prohibited the inclusion of these costs when calculating the prejudice for which compensation was payable, and which had entered into force after the child’s birth but prior to the parents’ legal action for compensation, were applied to the dispute.

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Factsheet - Persons with disabilities and the European Convention

The Court held a Grand Chamber hearing in the case of Halet v. Luxembourg.

In this case the applicant, who worked for PricewaterhouseCoopers (PwC), complains before the ECHR about his conviction for disclosing tax documents concerning his employers’ clients to a journalist.

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Webcast of the hearing

Factsheet: Work-related rights

In February 2022, the Court will be holding three Grand Chamber hearings.

In the case of Halet v. Luxembourg the applicant, who worked for PricewaterhouseCoopers (PwC), complains before the ECHR about his conviction for disclosing tax documents concerning his employers’ clients to a journalist.

The case McCallum v. Italy concerns the extradition of Beverly Ann McCallum to the USA, where she is sought as a suspect in her husband’s death and the burning of his corpse. The applicant, an American national, is currently in detention in Italy.

The case Sanchez-Sanchez v. United Kingdom concerns the applicant’s extradition to the United States, where there is a possibility that he may, if convicted, be sentenced to life imprisonment without parole.

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Cases pending before the Grand Chamber