The applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerns a building which formerly belonged to the Catholic diocese of Oradea and became State property under limitation legislation. Several apartments in the building were sold to the tenants, including Ms Avram. In 1998 the diocese applied to the domestic courts for restitution of the building, but its application was dismissed by the Timişoara Court of Appeal. The diocese then brought an action for cancellation of the contracts of sale of the apartments, which action was this time allowed by the same Court of Appeal. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 5 April 2016 – Rozalia Avram v. Romania (no. 19037/07)
1. April 2016 — Dr. Georg NeureitherOLG Celle: Klosterkammer Hannover – Urteil im Verfahren über die Kündigung eines Stiftungsvertrages
10. März 2016 — Dr. Georg NeureitherDie Kündigung eines Stiftungsvertrages, die der Beklagte ausgesprochen hatte, ist unwirksam. Dies hat der 16. Zivilsenat des OLG Celle festgestellt. Den Rest des Beitrags lesen »
EGMR: Grand Chamber hearing in a case concerning the claim for the restitution of a place of worship – Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11)
2. März 2016 — Dr. Georg NeureitherThe European Court of Human Rights is holding a Grand Chamber hearing on Wednesday 2 March 2016 at 9.15 a.m. in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11). The case concerns the claim for the restitution of a place of worship belonging to the Greek-Catholic Church that was transferred to the ownership of the Orthodox Church under the totalitarian regime. Den Rest des Beitrags lesen »
EGMR: Forthcoming hearing in March 2016 – Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11)
29. Februar 2016 — Dr. Georg NeureitherThe European Court of Human Rights will be holding the following hearing in March 2016: Lupeni Greek-Catholic Parish and Others v. Romania (application no. 76943/11) concerning the restitution of places of worship belonging to the Greek-Catholic Church that were transferred to the ownership of the Orthodox Church under the totalitarian regime. After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage. Den Rest des Beitrags lesen »
EGMR: The Siseşti Greek-Catholic Parish v. Romania (no. 32419/04)
3. November 2015 — Dr. Georg NeureitherThe applicant is the Siseşti Parish of the Eastern-Rite Catholic Church, also known as the Greek-Catholic or Uniate Church. The case concerned an action to recover possession of property which had been confiscated from the Parish when the communist regime was established in 1948. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 3 November 2015 – The Siseşti Greek-Catholic Parish v. Romania (no. 32419/04)
30. Oktober 2015 — Dr. Georg NeureitherThe applicant is the Siseşti Parish of the Eastern-Rite Catholic Church, also known as the Greek-Catholic or Uniate Church. The case concerns an action to recover possession of property which had been confiscated from the Parish when the communist regime was established in 1948. Den Rest des Beitrags lesen »
EGMR: Grand Chamber Panel’s decision – Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11)
20. Oktober 2015 — Dr. Georg NeureitherAt its last meeting (Monday 19 October 2015), the Grand Chamber panel of five judges decided to refer the following case to the Grand Chamber of the European Court of Human Rights: Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11), concerning the restitution of places of worship belonging to the Greek Catholic Church which were transferred to the Orthodox Church under the totalitarian regime, and more specifically the question of the application of a special law to determine the legal status of such property. Den Rest des Beitrags lesen »
EGMR: Action for recovery of possession of a former Uniate Church place of worship – Right of access to court was respected but length of proceedings was excessive
19. Mai 2015 — Dr. Georg NeureitherThe European Court of Human Rights delivered its Chamber judgment in the case of Greek-Catholic Parish of Lupeni and Others v. Romania (application no. 76943/11). The case concerned the restitution of places of worship belonging to the Greek-Catholic Church which were transferred to the Orthodox Church under the totalitarian regime, and more specifically the question of the application of a special law to determine the legal status of such property. The Court held, unanimously, that there had been no violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights as regards the right of access to a court and the question of legal certainty, a violation of Article 6 § 1 concerning the length of proceedings, and no violation of Article 14 (prohibition of discrimination) in conjunction with Article 6 § 1 (right of access to a court). Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 19 May 2015 – Greek-Catholic Parish of Lupeni and Others v. Romania (no. 76943/11)
13. Mai 2015 — Dr. Georg NeureitherThe applicants are the Greek-Catholic Parish of Lupeni (Romania), the Greek-Catholic Diocese of Lugoj (Romania) and the Greek-Catholic Archpriesthood of Lupeni. They belong to the Eastern-Rite Catholic (Greek-Catholic or Uniate) Church. The case concerns the restitution of religious sites belonging to the Greek-Catholic Church which were transferred to the Orthodox Church under the totalitarian regime, and more specifically the issue of implementing special legislation to determine the legal status of such property. Den Rest des Beitrags lesen »
Schokojoghurt, Bratkartoffeln und Kopftuch oder: Von der guten und schlechten Religionsfreiheit
4. Mai 2015 — Dr. Georg Neureither
Von Dr. Georg Neureither, Heidelberg
Juristische Begriffe irritieren das Publikum zuweilen auch deswegen, weil deren rechtlicher Sinngehalt vom allgemeinen Sprachgebrauch stark abweicht. So ist das auch mit der Erkenntnis, dass Juristen bei Art. 4 Abs. 1 und 2 GG offenbar zwischen einer guten und einer schlechten Religionsfreiheit unterscheiden – was in diesem Fall nicht nur das Publikum, sondern auch den Juristen irritierte, der sich dessen bis dato nicht bewusst war. Dazu eine erhellende Begebenheit vom Beisammensein am abendlichen Familientisch: Den Rest des Beitrags lesen »
EGMR: A company’s inability to challenge the Roman Catholic Church’s entry in the land register relating to property previously registered by the company violated its ownership rights
4. November 2014 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Sociedad Anónima del Ucieza v. Spain (application no. 38963/08) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 of the European Convention on Human Rights, and held by a majority, that there had been a violation of Article 1 of Protocol No. 1 to the Convention. The case concerned a dispute over ownership of a medieval church between the applicant company, which had purchased and registered in the land register a plot of land in which the church had formed an enclave, and the Diocese of Palencia, which had registered the same church in its own name in the land register sixteen years later. The applicant company therefore considered that it had been unfairly deprived of part of its property for no reason of public interest and without any compensation. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 4 November 2014 – Sociedad Anónima del Ucieza v. Spain (no. 38963/08)
29. Oktober 2014 — Dr. Georg NeureitherThe applicant company, Sociedad Anónima del Ucieza, is a limited company founded in 1978 under Spanish law, based in Ribas de Campos (Palencia). The case concerns the company’s ownership claim over religious buildings on a plot of land which had formerly belonged to the Catholic Church and which the company purchased at a public auction. Den Rest des Beitrags lesen »
EGMR: Rozalia Avram v. Romania (no. 19037/07)
16. September 2014 — Dr. Georg NeureitherThe applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerned a building which belonged to the Catholic diocese of Oradea and which was transferred to State ownership under legislation on prescription. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 16 September 2014 – Rozalia Avram v. Romania (no. 19037/07)
10. September 2014 — Dr. Georg NeureitherThe applicant, Rozalia Avram, is a Romanian national who was born in 1947 and lives in Arad (Romania). The case concerns a building which belonged to the Catholic diocese of Oradea and which was transferred to State ownership under legislation on prescription. Den Rest des Beitrags lesen »
EGMR: Reformed Church Foundation for Student Housing and Stanomirescu v. Romania (applications nos. 2699/03 and 43597/07)
7. Januar 2014 — Dr. Georg NeureitherThe first applicant, the Reformed Church Foundation for Student Housing, is an NGO which was set up in 1992 and has its registered office in Odorheiul Secuiesc. The second applicant, Marinică Stanomirescu, is a Romanian national who was born in 1929 and died in 2009. In the first case, the applicant association, whose main activity is to promote pupils’ education in line with the doctrines of the Reformed Church, had obtained a final judicial decision on 5 October 2000, ordering the administrative authorities to destroy six buildings on its land (they had been put up to provide temporary homes for workers on a construction site then in progress). 12 years later, and after numerous attempts at enforcement, the administrative authorities refused to execute the final judicial decision in the applicant association’s favour. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 7 January 2014 – Reformed Church Foundation for Student Housing and Stanomirescu v. Romania (nos. 2699/03 and 43597/07)
2. Januar 2014 — Dr. Georg NeureitherThe first applicant, the Reformed Church Foundation for Student Housing, is an NGO which was set up in 1992 and has its registered office in Odorheiul Secuiesc. The second applicant, Marinică Stanomirescu, is a Romanian national who was born in 1929 and died in 2009. In the first case, the applicant association, whose main activity is to promote pupils’ education in line with the doctrines of the Reformed Church, had obtained a final judicial decision on 5 October 2000, ordering the administrative authorities to destroy six buildings on its land (they had been put up to provide temporary homes for workers on a construction site then in progress). 12 years later, and after numerous attempts at enforcement, the administrative authorities refused to execute the final judicial decision in the applicant association’s favour. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 