Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Appeal to the ECHR by a legal entity
The European Court of Human Rights (hereinafter referred to as the ECHR) is one of the effective means of protection not only for individuals but also for legal entities. If the rights of companies or organizations have been violated by the state, they can protect themselves by filing an application with the ECHR within the time limits and procedure prescribed by law.
When can a legal entity file an application with the ECHR?
A legal entity may apply to this institution, firstly, if state authorities have violated its legitimate interests guaranteed by the European Convention, secondly, if the last national court of instance has made an unfair decision in its case, thirdly, to obtain just satisfaction (compensation) from the state. The decision obtained also becomes important for the entire country and may change judicial practice. This will significantly affect the resolution of similar cases in the future.
What categories of cases concerning legal entities does the ECHR consider?
The ECHR considers cases concerning a fair trial (e.g. denial of access, excessive length of proceedings), an effective remedy (lack of a real possibility to challenge unlawful actions), freedom of expression (e.g. restrictions on the media), freedom of association (restrictions on the activities of public organizations), property (including unlawful confiscation of property), and others.
Criteria for admissibility of an application by a legal entity to the ECHR
The court must consider the complaint if it meets the admissibility criteria set out in Article 35 of the European Convention. These requirements are as follows:
- first, the presence of “victim” status in the company or organization. It is also important that anonymous applications will not be considered;
- second, the violation was committed by the state (state bodies or institutions);
- third, the exhaustion of domestic remedies occurred, in particular, the legal entity used the available protection mechanisms and received a final court decision on the case;
- fourth, the deadline for submission was observed, which is four months from the moment the legal entity received the final decision;
- fifth, the complaint is well-founded and has confirmation of the assignment of real harm to the legal entity;
- finally, there is no abuse of the submission of the complaint, which is expressed in the absence of the fact of the submission of the same application by the legal entity earlier, manipulations when initiating the procedure, etc.
How to file an application to the ECHR for a legal entity: step-by-step instructions
The specified procedure is complex and requires compliance with clear rules. The first thing a company or organization must do is make sure that the complaint meets the admissibility criteria and collect the appropriate evidence to confirm this (final decision on the case, official documents of the authorities regarding the company that violate its legitimate interests, etc.).
Next, you should download the official form from the official website of the Court (www.echr.coe.int) and fill it out correctly. The lawyers of our law firm emphasize: special attention should be paid to the description of the violation, in particular, substantiating the injustice of the actions of the state and courts, and providing references to specific articles of the European Convention. All documentation is filled out in Ukrainian (at the first stage of consideration) and English (for further consideration of the case). The necessary evidence must be added to the application, as well as confirmation of the authority of the ECHR lawyer to represent the interests of the relevant person.
Finally, you need to send the application by mail to the official address – Council of Europe, 67075 Strasbourg Cedex, France. After filing the complaint, the Court may accept the case for consideration, reject the application if it does not meet the admissibility criteria, request additional information.
Assistance from a lawyer “Prikhodko & Partners” with filing an application to the ECHR for a legal entity
Filing an application to the ECHR requires in-depth knowledge of practice and careful preparation of documents. Lawyers “Prikhodko & Partners” provide comprehensive legal assistance to enterprises and organizations to protect their rights in the ECHR, have the appropriate qualifications and knowledge of foreign languages to represent interests in court. Professional legal support includes:
- initial consultation with analysis and assessment of the prospects of the case (determination of whether the case falls under the jurisdiction of the ECHR, verification of compliance with the admissibility criteria);
- preparation and submission of the application itself within a reasonable time (legal justification of the violation, collection, and systematization of the evidence base, translation of documents for further consideration);
- case support in the ECHR (monitoring the consideration of the application, representing the client’s interests, conducting official correspondence with the Court).
Thus, the European Court of Human Rights is an important mechanism for protecting the rights of legal entities. An application to the ECHR can be an effective way to obtain a fair decision and compensation from the state. Its submission requires compliance with clear admissibility criteria, including exhaustion of all national remedies, compliance with deadlines, and the presence of evidence of the relevant violation. The procedure for applying to the ECHR requires thorough preparation, therefore, the lawyers of the Law Firm “Prikhodko and Partners” provide qualified legal assistance in this matter.
Our lawyers offer high-quality preparation of an application to the ECHR of a legal entity, support for its consideration and representation of interests in the Court. Thanks to a professional approach, we will increase your chances of accepting the complaint for consideration and receiving a fair decision. To find out the cost of support from an ECHR lawyer, fill out the form below.
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