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European Observer on fundamental right's respect

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Case Law BVerwG 3 A 7.05 (26/04/2007)

Type: Judgment

Authority: National Courts Bundesvervassungsgericht

Date: 04/26/2007

Subject: 1. With regard to violations of international obligations caused by German Courts’ decisions, the par. 4 of the Lastentragungsgesetz (law for the financial covering of the violations of international obligations) can be applied if the compensation of the violation is not motivated by a ECHR’s decision but derives from a friendly settlement between the parties, which must be paid before the pronunciation of the judicial decision. 2. In this case the financial covering of the violation of the international obligations must be defined before the pronunciation of the ECHR’s decision, but this compensation must be established after the assessment of the cause’s facts.

Original language: German

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - General provisions - Art. 53 Level of protection

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