On April 9, 2024, the European Court of Human Rights (the "Court" or "ECtHR") delivered three highly anticipated and significant judgments on the application of the European Convention on Human Rights (the "ECHR"). This...more
The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more
The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three...more
Three rulings of the European Court of Human Rights given on 9 April 2024 have set the global tone for climate protection actions before national courts. The Court found that Article 8 of the European Convention on Human...more
The recent decision of the European Court of Human Rights (ECtHR) in the matter Verein Klimaseniorinnen and others v. Switzerland has attracted significant media interest. The judges found that Switzerland had not fulfilled...more
In a landmark decision rendered by the European Court of Human Rights (ECtHR), the recent case of Iliria S.R.L. v Albania underscores the imperative need for timely justice in matters of international arbitration in the...more
Today, the European Court of Human Rights issued a decision holding that Switzerland violated the human rights of its citizens by failing to adequately protect them from climate change. Specifically, the Court held that...more
On September 27, 2023, six “Portuguese young people” were heard by the European Court of Human Rights (ECtHR) in a lawsuit against 32 European governments, including all EU member states, alleging that their failure to act...more
Yes, in some cases, the European Court of Human Rights has ruled. In Halet v Luxembourg, the Court overturned an employee whistleblower’s criminal conviction for confidentiality leaks to the press, concluding that the...more
The European Court of Human Rights (hereinafter referred to as “ECHR”) has just granted the status of whistleblower to a former employee of PwC, in Luxemburg, who was at the origin of public revelations on certain tax...more
On January 25, 2023, the Grand Chamber of the European Court of Human Rights declared the claims in the case of Ukraine and the Netherlands v. Russia partly admissible....more
Today’s post is the final in our series on the most recent Annual Report of the Commission for the Control of INTERPOL’s Files (CCF). The focus of this post will be on the critical factor of admissibility....more
The decision exposes media outlets in the UK to liability if they identify suspects prior to charge, but carries lesser implications elsewhere. On 16 February 2022, the UK Supreme Court held that a suspect under criminal...more
The UK Supreme Court found in Kostal UK Ltd v Dunkley that it was an unlawful inducement for an employer to offer a pay deal to employees “over the head” of its recognised trade union. However, the position would have been...more
Independent trade unions are entitled to apply for compulsory recognition on behalf of workers in a bargaining unit if certain conditions are met. The Independent Workers Union of Great Britain (IWUGB) applied for...more
Zumeist sind es Arbeitnehmer, die Missstände oder Straftaten melden, welche ihnen im Zusammenhang mit ihrem Arbeitsverhältnis bekannt geworden sind. Mangels ausdrücklicher gesetzlicher Regelung besteht jedoch für Arbeitnehmer...more
Our first update of 2020 outlines key UK employment law developments over the last month. It includes cases on the definition of ‘employee’ under TUPE, the impact of a job evaluation survey in relation to equal pay, direct...more
On October 17, 2019, the European Court of Human Rights (ECHR) approved the installation of a Closed-Circuit Television (“CCTV”) surveillance system which was used to monitor supermarket cashiers without informing those...more
Here is a sentence we don't write very often: A decision this week of the European Court of Human Rights has brought U.S. and European defamation law into greater alignment. Well, at least regarding hyperlinks to defamatory...more
Cakes have become an unlikely battleground for gay rights over the past few years. In the United States there has been a spate of cases where individuals have challenged refusals to provide cakes for same-sex weddings or in...more
On June 28, 2018, the European Court of Human Rights decided that Germany had correctly denied two individuals their “right to be forgotten” requests in connection with press archives relating to a 1991 murder. The two...more
The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more
In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more
The Ruling: The far-reaching retrieval of mobile phone data during dawn raids by the Dutch competition authority is permissible, even if encompassing data of a non-business nature, as affirmed by a recent ruling of the Hague...more
In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more