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WyrokETPCz2021-02-16
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy oddalenie powództwa o odszkodowanie z powodu przedawnienia, w kontekście niejasnych przepisów i nadmiernego formalizmu sądów krajowych, naruszyło prawo do rzetelnego procesu (prawo dostępu do sądu) z art. 6 ust. 1 Konwencji?Ratio decidendi
Trybunał prawdopodobnie uznał, że niejasność i nieprzewidywalność przepisów krajowych dotyczących przedawnienia roszczeń przeciwko państwu, w połączeniu z nadmiernym formalizmem Sądu Kasacyjnego w odniesieniu do dopuszczalności pism procesowych, pozbawiły skarżącego skutecznego dostępu do sądu. Takie okoliczności uniemożliwiły skarżącemu dochodzenie swoich praw w sposób zgodny z wymogami rzetelnego procesu, naruszając tym samym art. 6 ust. 1 Konwencji.Stan faktyczny
Skarżący, Franck Vermeersch, belgijski rolnik, w 1991 r. złożył wniosek o pozwolenie na rozbudowę swojej fermy trzody chlewnej, który został częściowo uwzględniony w 1996 r. W związku z tym złożył skargę o unieważnienie do Conseil d’État, która została uwzględniona w 2004 r. W 2005 r. skarżący złożył pozew o odszkodowanie przeciwko państwu na kwotę 368 470 euro, który został oddalony przez sądy cywilne jako przedawniony. Sądy krajowe uznały, że termin przedawnienia rozpoczął bieg 1 stycznia 1996 r., a wniesienie skargi o unieważnienie nie miało skutku zawieszającego ani przerywającego.Rozstrzygnięcie
Stwierdza naruszenie art. 6 § 1 Konwencji. Zasądza zadośćuczynienie za szkodę majątkową oraz zwrot kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 056 (2021)
16.02.2021
Judgments of 16 February 2021
The European Court of Human Rights has today notified in writing 18 judgments1:
eight Chamber judgments are summarised below;
separate press releases have been issued for four other Chamber judgments in the cases of: Gawlik
v. Liechtenstein (application no. 23922/19), Stichting Landgoed Steenbergen and Others v. the
Netherlands (no. 19732/17), Tikhonov and Khasis v. Russia (nos. 12074/12 and 16442/12), and V.C.L.
and A.N. v. the United Kingdom (nos. 77587/12 and 74603/12);
six Committee judgments, concerning issues which have already been submitted to the Court, can
be consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
Vermeersch v. Belgium (application no. 49652/10)*
The applicant, Franck Vermeersch, is a Belgian national. He is a farmer.
In this application Mr Vermeersch complained of the dismissal by the domestic courts of his action
for damages against the State on the grounds of statutory limitation. He submitted that both the law
and case-law regarding statutory limitation of claims against the State were unclear and
unforeseeable, and that the Court of Cassation had been excessively formalistic in dismissing his
supplementary pleadings.
In 1991 Mr Vermeersch applied for a permit to extend his pig farm. That application was only partly
allowed (in 1996), and Mr Vermeersch therefore lodged an action for annulment with the Conseil
d’État. The latter court found for the applicant in 2004.
In 2005 Mr Vermeersch lodged an action for damages against the State, claiming a total of
368,470 euros (EUR). The civil courts dismissed his action on the grounds that it was statute-barred
pursuant to Article 2262bis of the Civil Code and section 100 of the Laws on Public Accounts. The
courts stated, in particular, that an action for annulment before the Conseil d’État had no suspensive
or interruptive effect, in accordance with Articles 2246 to 2250 of the Civil Code; that under
established case-law there was no need to await the outcome of an action for annulment before
bringing an action for damages according to the ordinary rules on liability in tort; and that,
therefore, the limitation period for the action for damages had started running on 1 January 1996,
whereas Mr Vermeersch had lodged his action for damages in January 2005.
Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights,
Mr Vermeersch alleged that the applicable rules regarding the statutory limitation of claims against
the State were unclear and unforeseeable. He also complained that the Court of Cassation had been
excessively formalistic on the matter of the admissibility of his supplementary pleadings.
Violation of Article 6 § 1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: http://www.coe.int/t/dghl/monitoring/execution - _blank
Just satisfaction: 10,000 euros (EUR) for pecuniary damage and EUR 8,649.84 for costs and
expenses.
Behar and Gutman v. Bulgaria (no. 29335/13)
The applicants, Gabriela Aron Behar and Katrin Borisova Gutman, are Bulgarian nationals who were
born in 1972 and 1968 respectively and live in Plovdiv (Bulgaria). They are of Jewish ethnicity.
The case concerned the dismissal of an application for a court order that they had taken against a
journalist and politician, seeking an apology for anti-Semitic remarks and that he refrain from such
remarks in the future.
Relying in particular on Article 8 (right to respect for private and family life) and Article 14
(prohibition of discrimination) of the European Convention, the applicants complained of the
dismissal of their claim against the politician.
Violation of Article 8 in conjunction with article 14
Just satisfaction: The Court held that the finding of a violation of Article 8 of the Convention read in
conjunction with Article 14 constituted in itself sufficient just satisfaction for the non-pecuniary
damage sustained by the applicants and that the respondent State was to pay the applicants
EUR 2762,53 for costs and expenses.
Budinova and Chaprazov v. Bulgaria (no. 12567/13)
The applicants, Kremena Goshova Budinova and Vasil Stoyanov Chaprazov, are Bulgarian nationals
who were born in 1970 and 1945 respectively and live in Sofia. They are of Roma ethnicity.
The case concerned the dismissal of a claim under anti-discrimination legislation against a journalist
and politician, seeking an apology for anti-Roma remarks and that he refrain from such remarks in
the future.
Relying in particular on Article 8 (right to respect for private and family life) and Article 14
(prohibition of discrimination) of the Convention, the applicants complained that the dismissal of the
politician’s views as “facts” had legitimised racism.
Violation of Article 8 in conjunction with Article 14
Just satisfaction: The Court held that the finding of a violation of Article 8 of the Convention read in
conjunction with Article 14 constituted in itself sufficient just satisfaction for the non-pecuniary
damage sustained by the applicants and that the respondent State was to pay the applicants
EUR 2,900 for costs and expenses.
Meng v. Germany (no. 1128/17)
The applicant, Salina Meng, is a German national who was born in 1964 and lives in Frankfurt am
Main (Germany).
The case concerned the applicant’s conviction for the murder of her husband for profit with a certain
G.S. During her trial, the presiding judge had previously been judge rapporteur in separate
proceedings against G.S. alone.
Relying on Article 6 § 1 (right to a fair trial) of the Convention, the applicant complained that the
bench that had convicted her of murder had not been impartial.
Violation of Article 6 § 1
Just satisfaction: The applicant did not submit any claims for just satisfaction.
Buliga v. Romania (no. 22003/12)
The applicant, Ionel Petrică Buliga is a Romanian national who was born in 1984 and lives in Giera
(Romania).
The case concerned the fairness of minor-offence proceedings against the applicant, including calling
of witnesses.
Relying on Article 6 §§ 1 and 3 (d) (right to a fair trial and right to obtain attendance and examination
of witnesses) of the Convention, the applicant complained that the criminal proceedings against him
had been unfair.
Violation of Article 6 §§ 1 and 3(d)
Just satisfaction: EUR 4,000 for non-pecuniary damage.
Negulescu v. Romania (no. 11230/12)
The applicant, Valentina Claudia Negulescu, is a Romanian national who was born in 1973 and lives
in Prahova (Romania).
The case concerned the fairness of minor-offence proceedings against the applicant, including cross
examination of witnesses.
Relying on Article 6 §§ 1 and 3 (d) (right to a fair trial and right to obtain attendance and examination
of witnesses), the applicant complained that the criminal proceedings against her had been unfair.
Violation of Article 6 §§ 1 and 3(d)
Just satisfaction: EUR 1,000 for non-pecuniary damage and EUR 100 for costs and expenses.
Budak v. Turkey (no. 69762/12)
The applicant, İbrahim Halil Budak, is a Turkish national who was born in 1985 and lives in İzmir
(Turkey).
The case concerned the search of the applicant’s house on suspicion of membership of an illegal
organisation, and the criminal proceedings and conviction that had followed, with the applicant
alleging unlawfully obtained evidence.
Relying in particular on Article 8 (right to respect for private and family life) and Article 6 § 1 (right to
a fair trial) of the Convention, the applicant complained, in particular, that the search of his home
had lacked a legal basis on account of the absence of two attesting witnesses as provided by
Article 119 § 4 of the Code of Criminal Procedure, and that his trial had been unfair owing to the use
of unlawful and unreliable evidence.
Violation of Article 8
Violation of Article 6 § 1
Just satisfaction: EUR 10,000 for non-pecuniary damage and EUR 229 for costs and expenses.
İltümür Ozan and Others v. Turkey (no. 38949/09)*
This application was lodged by four applicants, all Turkish nationals who were born between 1960
and 1984. Three of them live in Istanbul and one in Bursa (Turkey).
The applicants in this case complained that they had been arrested after handing out tracts in
Gaziosmanpaşa (a district of Istanbul), informing shopkeepers about a new social security bill and
inviting them to a press conference on the matter. The events had taken place on 28 February 2008.
On 29 February 2008 the applicants filed a complaint against the police officers in question for
ill-treatment and abuse of authority during their arrest and police custody. That complaint led to a
discontinuance decision in May 2008.
Furthermore, the authorities commenced criminal proceedings against two of the applicants,
accusing them of resisting arrest and injuring the police officers by throwing stones at them. The
applicants were acquitted in December 2012.
The applicants relied in particular on Article 3 (prohibition of inhuman or degrading treatment) of
the Convention.
Violation of Article 3 (investigation) in respect of Münevver İltümür Ozan
The Court declared the other applicants’ complaints inadmissible.
Just satisfaction: EUR 3,000 for non-pecuniary damage to Münevver İltümür Ozan
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_CEDH.
Press contacts
During the current public-health crisis, journalists can continue to contact the Press Unit via
[email protected].
Tracey Turner-Tretz
Denis Lambert
Inci Ertekin
Neil Connolly
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło