Judgment 29.4.2014 [Section III] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Remedy under Law no. 165/2013 in respect of property that wrongly passed into State ownership

Accordingly, they maintained that the applicant had not exhausted domestic remedies, as she had not made any application to the Compensation Commission. 17.

The obligation to exhaust domestic remedies therefore requires an applicant to make normal use of remedies which are available and sufficient in respect of his or her Convention grievances.

However, the existence of mere doubts as to the prospects of success of a particular remedy which is not obviously futile is not a valid reason for failing to exhaust domestic remedies (see Van Oosterwijck

Germany - 62198/11 Judgment 15.1.2015 [Section V] Article 13 Effective remedy Lack of domestic remedy to expedite parental contact proceedings: violation Article 8 Positive obligations Failure to take

d'une parcelle située en bordure de la Brenne, au 5 rue de l'Abreuvoir à Château-Renault et cadastrée section AC n° 383, subissant un affaissement en rive gauche, d'en déterminer les causes et les remèdes

That being so, the issue is not – and cannot be – whether or not use was made of an effective judicial remedy (section 43(1) of the CCA [Constitutional Court Act]) but whether the remedies afforded by

first use the remedies provided by the national legal system.

Admittedly, the effectiveness of a remedy within the meaning of Article   13 of the Convention did not depend on the certainty of a favourable outcome for the applicant.

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 13 - Right to an effective remedy (Article 13 - Effective

  Remedies available to prisoners         Prisoners with grievances about the place of their detention or its conditions have various remedies available to them.

    According to the Government, a request for withdrawal addressed to the competent Judge for Extraordinary Remedies was the ordinary remedy specifically available in cases of alleged partiality

In particular, the Government asked the Court to reject the applications on the grounds of non-exhaustion of domestic remedies on account of the applicants’ failure to lodge compensatory actions with the

Austria - 29800/96 Judgment 30.1.2001 [Section III] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Length of proceedings: application under Article 132 of the Federal

    The Court recalls that under Article 35 § 1 of the Convention it “may only deal with the matter after all domestic remedies have been exhausted”.

  30210/96, § 152, ECHR 2000-XI), noting that there was no single model of domestic remedy in Europe, in spite of a development towards the introduction of compensatory remedies.

.) - 5353/11 Decision 29.1.2013 [Section II] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy In cases concerning non-enforcement of judgments against socially-owned companies

Italy - 77132/01 Judgment 6.10.2005 [Section III] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Effectiveness of the “Pinto remedy” on bankruptcy questions: preliminary

.) - 21287/02 Decision 17.12.2002 [Section II] Article 35 Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Expiry of six month period notwithstanding recourse to new cassation procedure