If that was so and the applicant had suffered damage, she could consider claiming compensation from the State under the State Liability Act. II. RELEVANT DOMESTIC LAW AND PRACTICE A.

Lastly, if the applicants considered that the sum was too low, it had been and still was open to them to seek damages from the State under Article 6.271 of the Civil Code. B.

Supreme Court’s judgment of 6 December 2006, according to which a child could only not be returned on the basis of Article 13 § 1 (b) of the Hague Convention if this would result in extremely serious damage

    Article 55 of the Code of Criminal Procedure defines a victim as a natural person who has suffered moral, physical or property damage as a result of a criminal offence.

However, this did not prevent the applicant from claiming damages by means of a civil action. OTHER PROCEDURAL STEPS TAKEN BY THE APPLICANT Constitutional appeal 42.

There were constant quarrels; her children had allocated her a small room of 9 sq. m and did not allow her to move freely around the house, or to freely use the kitchen or bathroom.

The court found that the constant conflicts and contradictions were damaging to the child, and it was necessary to clarify who her father was. 14 .

The enforcement of the decision ordering demolition would cause the applicant and his family irreversible damage.

Moreover, the Court recalls its constant case-law specifying that the State’s failure to comply with the enforceable judgments in view of its lack of budgetary funds, cannot justify non-enforcement (see

    On 7 and 14 September 2005 the applicant lodged two claims with the Town Court, seeking compensation for damage to his health and for non-pecuniary damage, which he alleged had been caused

Damage 44.

It also considers that there has been a violation of Article 13 of the Convention in that the applicants did not have an effective domestic remedy to redress the damage created by such non-enforcement.

In that connection, the Court recalls that, according to its constant case-law, a chronic backlog of cases in a court’s list is not a valid explanation ( Boca v. Belgium , no.

  This ploughing came to the notice of the Commissioners who carried out an inspection on 5 April 1977 and issued a Preservation Order on 13 April to prevent further damage to the site.

S, a child psychiatrist, who considered the constant litigation between the applicant and A to be damaging to F, the Court finally terminated the applicant's access rights on 16 June 1995.

          It recalls in this respect its constant case-law according to which the term "final decision" in Article 26 (Art. 26) must be considered as referring to

refusal to hold the hearing in private, the Commission recalls that the purpose of the rule of exhaustion of domestic remedies is to enable the State to have the opportunity to redress the alleged damage

Date of introduction Applicant name Date of birth   Facility Start and end date Duration Sq. m. per inmate Specific grievances Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

introduction Applicant’s name Date of birth   Representative’s name and location Facility Start and end date Duration Sq. m. per inmate Specific grievances Amount awarded for pecuniary and non-pecuniary damage