KEY CASES

2023
First, second and third quarters

List of cases recommended European Court of

by the Jurisconsult and Human Rights
approved by the Bureau November 2023
 NOTE

A selection of the most important cases dealt with by the Court (also
referred to as “key cases”) is made quarterly by the Bureau, upon
recommendation by the Jurisconsult (see Title I, Chapters II and III, of
the Rules of Court about their respective roles). This list contains the
selection of key cases for 2023.
Cases are listed by reference to the relevant Convention Articles and
keywords, then alphabetically by respondent State and by applicant.
They are also listed under the importance level “Key cases” in the
HUDOC case-law database.
By default, all references are to Chamber judgments. Grand Chamber
cases, whether judgments or decisions, are indicated by “[GC]”.
Decisions are indicated by “(dec.)”.
Chamber judgments that are not yet “final” within the meaning of
Article 44 of the Convention are marked “(not final)”. In the event that
any such judgment is accepted for referral to the Grand Chamber in
accordance with Article 43, it will not be included in the present list.
For information on the manner of citing the Court’s case-law, please
see here.

Article 44 § 2 – Final judgments Article 43 – Referral to the Grand Chamber

The judgment of a Chamber shall become final 1. Within a period of three months from the date of the judgment
of the Chamber, any party to the case may, in exceptional cases,
(a) when the parties declare that they will not request
request that the case be referred to the Grand Chamber.
that the case be referred to the Grand Chamber; or
2. A panel of five judges of the Grand Chamber shall accept the
(b) three months after the date of the judgment, if request if the case raises a serious question affecting the
reference of the case to the Grand Chamber has not interpretation or application of the Convention or the Protocols
been requested; or thereto, or a serious issue of general importance.
(c) when the panel of the Grand Chamber rejects the 3. If the panel accepts the request, the Grand Chamber shall
request to refer under Article 43. decide the case by means of a judgment.
Contents

CASES BY ARTICLE 4

CASES BY RESPONDENT STATE 13

CASES BY APPLICANT 15
Cases by Article

ARTICLE 1
JURISDICTION OF STATES

Jurisdiction of Russia over parts of Eastern Ukraine controlled

by separatists
Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16
et al., 30 November 2022
Decision | Legal summary

ARTICLE 3
DEGRADING TREATMENT

INHUMAN TREATMENT

POSITIVE OBLIGATIONS

Segregation, humiliation and abuse of prisoners by fellow inmates

on account of inferior status in informal prisoner hierarchy
tolerated by prison staff; lack of systemic State action: violation
S.P. and Others v. Russia, nos. 36463/11 et al., 2 May 2023
Judgment | Legal summary

ARTICLE 6
Article 6 § 1 (civil)
CIVIL RIGHTS AND OBLIGATIONS

Advisory opinion on the procedural status and rights of a

biological parent in proceedings for the adoption of an adult
Advisory opinion requested by the Supreme Court of Finland [GC],
request no. P16-2022-001, 13 April 2023
Opinion | Legal summary

4 Key cases 2023 (first, second and third quarters)

 ACCESS TO COURT

Advisory opinion on the procedural status and rights of a

biological parent in proceedings for the adoption of an adult
Advisory opinion requested by the Supreme Court of Finland [GC],
request no. P16-2022-001, 13 April 2023
Opinion | Legal summary

Domestic courts’ failure to examine the merits of a claim,

subsuming case facts under relevant law provision under the
principle jura novit curia, absent arguments to this effect from
the claimant: inadmissible
FU QUAN, s.r.o. v. the Czech Republic [GC], no. 24827/14, 1 June 2023
Judgment | Legal summary

Article 6 § 1 (criminal)
FAIR HEARING

Prejudice to the defence on account of non-disclosure of raw data

obtained from ByLock server not counterbalanced by adequate
procedural safeguards: violation
Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20, 26 September 2023
Judgment | Legal summary

ARTICLE 7
NULLUM CRIMEN SINE LEGE

NULLA POENA SINE LEGE

Conviction for membership of an armed terrorist organisation

based decisively on use of encrypted messaging application
ByLock, without establishing offence’s constituent material and
mental elements in an individualised manner: violation
Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20, 26 September 2023
Judgment | Legal summary

5 Key cases 2023 (first, second and third quarters)

ARTICLE 8
RESPECT FOR PRIVATE LIFE

Unjustified search of journalists’ home and indiscriminate seizure

of their personal belongings: violation
Svetova and Others v. Russia, no. 54714/17, 24 January 2023
Judgment | Legal summary

Refusal by the national authorities to insert the term “neutral” or

“intersex”, instead of “male”, on the birth certificate of an
intersex person: no violation
Y v. France, no. 76888/17, 31 January 2023
Judgment | Legal summary

Unjustified publication of applicant’s identifying data, including

home address, on tax authority website portal, for failing to fulfil
his tax obligations: violation
L.B. v. Hungary [GC], no. 36345/16, 9 March 2023
Judgment | Legal summary

Legal impossibility for transgender parent’s current gender,

disconnected from biological reality, to be indicated on birth
certificate of child conceived after gender reclassification:
no violation
A.H. and Others v. Germany, no. 7246/20, 4 April 2023
Judgment | Legal summary

Legal impossibility for transgender parent’s current gender,

disconnected from biological reality, to be indicated on birth
certificate of child conceived after gender reclassification:
no violation
O.H. and G.H. v. Germany, nos. 53568/18 and 54741/18, 4 April 2023
Judgment | Legal summary

Unjustified processing of applicant’s personal biometric data by

using highly intrusive facial recognition technology in administrative
offence proceedings to identify, locate and arrest him: violation
Glukhin v. Russia, no. 11519/20, 4 July 2023
Judgment | Legal summary

6 Key cases 2023 (first, second and third quarters)

 RESPECT FOR FAMILY LIFE

Refusal of family reunification requests, for not fulfilling financial

independence requirement, of provisionally admitted refugees
fearing persecution because of their illegal exit from their country
of origin: violation; no violation
B.F. and Others v. Switzerland, nos. 13258/18 et al., 4 July 2023
Judgment | Legal summary

RESPECT FOR PRIVATE AND FAMILY LIFE

Advisory opinion on the procedural status and rights of a

biological parent in proceedings for the adoption of an adult
Advisory opinion requested by the Supreme Court of Finland [GC],
request no. P16-2022-001, 13 April 2023
Opinion | Legal summary

RESPECT FOR HOME

Unjustified search of journalists’ home and indiscriminate seizure

of their personal belongings: violation
Svetova and Others v. Russia, no. 54714/17, 24 January 2023
Judgment | Legal summary

POSITIVE OBLIGATIONS

Absence of any form of legal recognition and protection for same-

sex couples: violation
Fedotova and Others v. Russia [GC], nos. 40792/10 et al.,
17 January 2023
Judgment | Legal summary

Refusal of family reunification requests, for not fulfilling financial

independence requirement, of provisionally admitted refugees
fearing persecution because of their illegal exit from their country
of origin: violation; no violation
B.F. and Others v. Switzerland, nos. 13258/18 et al., 4 July 2023
Judgment | Legal summary

7 Key cases 2023 (first, second and third quarters)

ARTICLE 10
FREEDOM OF EXPRESSION

No legitimate aim for temporary suspension of children’s fairy

tale book depicting same-sex relationships and its subsequent
labelling as harmful to children under the age of 14: violation
Macatė v. Lithuania [GC], no. 61435/19, 23 January 2023
Judgment | Legal summary

Criminal fine of EUR 1,000 for disclosing to the media confidential

documents from a private-sector employer concerning the tax
practices of multinational companies (“Luxleaks”): violation
Halet v. Luxembourg [GC], no. 21884/18, 14 February 2023
Judgment | Legal summary

Elected politician fined in criminal proceedings for failing to

delete, from his publicly accessible Facebook “wall” used for his
election campaign, Islamophobic comments by third parties also
convicted: no violation
Sanchez v. France [GC], no. 45581/15, 15 May 2023
Judgment | Legal summary

Newspaper publisher ordered to anonymise the online archived

version of a lawful article published twenty years earlier, on
grounds of the “right to be forgotten” of the individual
responsible for a fatal accident: no violation
Hurbain v. Belgium [GC], no. 57292/16, 4 July 2023
Judgment | Legal summary

Unjustified administrative offence conviction of a peaceful solo

demonstrator, using a life-size cardboard figure of a political activist
with a banner, for failure to submit prior notification: violation
Glukhin v. Russia, no. 11519/20, 4 July 2023
Judgment | Legal summary

FREEDOM TO IMPART INFORMATION

No legitimate aim for temporary suspension of children’s fairy

tale book depicting same-sex relationships and its subsequent
labelling as harmful to children under the age of 14: violation
Macatė v. Lithuania [GC], no. 61435/19, 23 January 2023
Judgment | Legal summary

8 Key cases 2023 (first, second and third quarters)

 Criminal fine of EUR 1,000 for disclosing to the media confidential
documents from a private-sector employer concerning the tax
practices of multinational companies (“Luxleaks”): violation
Halet v. Luxembourg [GC], no. 21884/18, 14 February 2023
Judgment | Legal summary

Newspaper publisher ordered to anonymise the online archived

version of a lawful article published twenty years earlier, on
grounds of the “right to be forgotten” of the individual
responsible for a fatal accident: no violation
Hurbain v. Belgium [GC], no. 57292/16, 4 July 2023
Judgment | Legal summary

ARTICLE 33
INTER-STATE APPLICATION

Alleged administrative practices by Russia in eastern Ukraine

under separatist control resulting in multiple Convention
violations: partly admissible

Downing of Malaysian Airlines flight MH17: admissible

Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16
et al., 30 November 2022
Decision | Legal summary

ARTICLE 34
PETITION

Recharacterisation of applicant’s complaint by Chamber

extending scope of case beyond that initially referred to it in the
application form
Grosam v. the Czech Republic [GC], no. 19750/13, 1 June 2023
Judgment | Legal summary

9 Key cases 2023 (first, second and third quarters)

ARTICLE 35
ARTICLE 35-3-A

RATIONE TEMPORIS

Limits of Court’s jurisdiction with respect to acts or omissions

spanning across the date on which a respondent State ceased to be a
Party to the Convention: communicated ; remainder inadmissible
Pivkina and Others v. Russia (dec.), nos. 2134/23 et al., 6 June 2023
Decision | Legal summary

Article 35 § 1
EXHAUSTION OF DOMESTIC REMEDIES

No effective remedy available in Russia to relatives of victims of

Malaysian Airlines flight MH17: admissible

International investigation into downing of flight MH17 and use

of international-law remedies before applying to the Court
(six years after the incident): application within time-limit
Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16
et al., 30 November 2022
Decision | Legal summary

FOUR-MONTH PERIOD (FORMER SIX-MONTH)

Final domestic decision arrived at before, but notified after, entry

into force on 1 February 2022 of new time-limit under Protocol
No. 15: six-month rule applicable
Orhan v. Türkiye (dec.), no. 38358/22, 6 December 2022
Decision | Legal summary

No effective remedy available in Russia to relatives of victims of

Malaysian Airlines flight MH17: admissible

International investigation into downing of flight MH17 and use

of international-law remedies before applying to the Court
(six years after the incident): application within time-limit
Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16
et al., 30 November 2022
Decision | Legal summary

10 Key cases 2023 (first, second and third quarters)

 Later addition by applicant of new complaint, after initial
communication of the case to the respondent Government, not
within the six-month time-limit: inadmissible
Grosam v. the Czech Republic [GC], no. 19750/13, 1 June 2023
Judgment | Legal summary

ARTICLE 41
JUST SATISFACTION

Award of non-pecuniary damages to applicant Government, for

benefit of identified victims, based only on evidence submitted by it in
view of respondent Government’s failure to participate in proceedings
Georgia v. Russia (II) (just satisfaction) [GC], no. 38263/08, 28 April 2023
Judgment | Legal summary

ARTICLE 46
Article 46 § 2
EXECUTION OF JUDGMENT

GENERAL MEASURES

Respondent state required to take general measures to

address systemic problem regarding domestic courts’ approach
to use of ByLock
Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20, 26 September 2023
Judgment | Legal summary

ARTICLE 1 OF PROTOCOL No. 1

ARTICLE 1 PARA. 2 OF PROTOCOL NO. 1

CONTROL OF THE USE OF PROPERTY

Company’s failure to duly raise before domestic courts

complaints of authorities’ failure to take good care of its seized
property and undue delay in lifting the seizure: inadmissible
FU QUAN, s.r.o. v. the Czech Republic [GC], no. 24827/14, 1 June 2023
Judgment | Legal summary

11 Key cases 2023 (first, second and third quarters)

ARTICLE 2 OF PROTOCOL No. 4
FREEDOM OF MOVEMENT

Sufficient procedural safeguards attaching to thirteen-month

preventive curfew imposed on radicalised Islamist during state of
emergency following terrorist attacks: no violation
Pagerie v. France, no. 24203/16, 19 January 2023
Judgment | Legal summary

PROTOCOL No. 16
ADVISORY OPINION

Advisory opinion on the procedural status and rights of a

biological parent in proceedings for the adoption of an adult
Advisory opinion requested by the Supreme Court of Finland [GC],
request no. P16-2022-001, 13 April 2023
Opinion | Legal summary

RULE 44C OF THE RULES OF COURT

FAILURE TO PARTICIPATE EFFECTIVELY

Respondent State’s failure to engage with the proceedings after

the cessation of its membership of the Council of Europe not an
obstacle per se for the Court’s examination of the case
Svetova and Others v. Russia, no. 54714/17, 24 January 2023
Judgment | Legal summary

12 Key cases 2023 (first, second and third quarters)

Cases by respondent State

BELGIUM GERMANY
Hurbain v. Belgium [GC], no. 57292/16, A.H. and Others v. Germany, no. 7246/20,
4 July 2023 4 April 2023
Judgment | Legal summary Judgment | Legal summary

O.H. and G.H. v. Germany, nos. 53568/18 and

CZECH REPUBLIC 54741/18, 4 April 2023
Judgment | Legal summary
FU QUAN, s.r.o. v. the Czech Republic [GC],
no. 24827/14, 1 June 2023
Judgment | Legal summary HUNGARY
Grosam v. the Czech Republic [GC], L.B. v. Hungary [GC], no. 36345/16,
no. 19750/13, 1 June 2023 9 March 2023
Judgment | Legal summary Judgment | Legal summary

FRANCE LITHUANIA
Pagerie v. France, no. 24203/16, Macatė v. Lithuania [GC], no. 61435/19,
19 January 2023 23 January 2023
Judgment | Legal summary Judgment | Legal summary

Sanchez v. France [GC], no. 45581/15,

15 May 2023 LUXEMBOURG
Judgment | Legal summary
Halet v. Luxembourg [GC], no. 21884/18,
Y v. France, no. 76888/17, 31 January 2023 14 February 2023
Judgment | Legal summary Judgment | Legal summary

13 Key cases 2023 (first, second and third quarters)

RUSSIA SWITZERLAND
Fedotova and Others v. Russia [GC], B.F. and Others v. Switzerland, nos. 13258/18
nos. 40792/10 et al., 17 January 2023 et al., 4 July 2023
Judgment | Legal summary Judgment | Legal summary

Georgia v. Russia (II) (just satisfaction) [GC],

no. 38263/08, 28 April 2023 TÜRKİYE
Judgment | Legal summary
Orhan v. Türkiye (dec.), no. 38358/22,
Glukhin v. Russia, no. 11519/20, 4 July 2023 6 December 2022
Judgment | Legal summary Decision | Legal summary

Pivkina and Others v. Russia (dec.), Yüksel Yalçınkaya v. Türkiye [GC],

nos. 2134/23 et al., 6 June 2023 no. 15669/20, 26 September 2023
Decision | Legal summary Judgment | Legal summary

S.P. and Others v. Russia, nos. 36463/11 et al.,

2 May 2023
Judgment | Legal summary

Svetova and Others v. Russia, no. 54714/17,

24 January 2023
Judgment | Legal summary

Ukraine and the Netherlands v. Russia (dec.)

[GC], nos. 8019/16 et al., 30 November 2022
Decision | Legal summary

14 Key cases 2023 (first, second and third quarters)

Cases by applicant

A H
A.H. and Others v. Germany, no. 7246/20, Halet v. Luxembourg [GC], no. 21884/18,
4 April 2023 14 February 2023
Judgment | Legal summary Judgment | Legal summary

Hurbain v. Belgium [GC], no. 57292/16,

B 4 July 2023
Judgment | Legal summary
B.F. and Others v. Switzerland, nos. 13258/18
et al., 4 July 2023
Judgment | Legal summary L
L.B. v. Hungary [GC], no. 36345/16,
F 9 March 2023
Judgment | Legal summary
Fedotova and Others v. Russia [GC],
nos. 40792/10 et al., 17 January 2023
Judgment | Legal summary M
FU QUAN, s.r.o. v. the Czech Republic [GC], Macatė v. Lithuania [GC], no. 61435/19,
no. 24827/14, 1 June 2023 23 January 2023
Judgment | Legal summary Judgment | Legal summary

G O
Georgia v. Russia (II) (just satisfaction) [GC], O.H. and G.H. v. Germany, nos. 53568/18 and
no. 38263/08, 28 April 2023 54741/18, 4 April 2023
Judgment | Legal summary Judgment | Legal summary

Glukhin v. Russia, no. 11519/20, 4 July 2023 Orhan v. Türkiye (dec.), no. 38358/22,
Judgment | Legal summary 6 December 2022
Decision | Legal summary
Grosam v. the Czech Republic [GC],
no. 19750/13, 1 June 2023
Judgment | Legal summary

15 Key cases 2023 (first, second and third quarters)

P U
Pagerie v. France, no. 24203/16, Ukraine and the Netherlands v. Russia (dec.)
19 January 2023 [GC], nos. 8019/16 et al., 30 November 2022
Judgment | Legal summary Decision | Legal summary

Pivkina and Others v. Russia (dec.),

nos. 2134/23 et al., 6 June 2023 Y
Decision | Legal summary
Y v. France, no. 76888/17, 31 January 2023

S Judgment | Legal summary

Yüksel Yalçınkaya v. Türkiye [GC],

Sanchez v. France [GC], no. 45581/15, no. 15669/20, 26 September 2023
15 May 2023 Judgment | Legal summary
Judgment | Legal summary

S.P. and Others v. Russia, nos. 36463/11 et al.,

2 May 2023
Judgment | Legal summary

Svetova and Others v. Russia, no. 54714/17,

24 January 2023
Judgment | Legal summary

16 Key cases 2023 (first, second and third quarters)