Case-law Database

The FRA Case-law Database provides a compilation of Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) case law with direct references to the Charter of Fundamental Rights of the European Union.

It also contains a selection of national case law with direct references to the Charter from all EU Member States.

The data include a formal reference to the decisions, judgments and opinions, an abstract in English, excerpts of the paragraphs where the Charter is quoted, and if available a link to the full text document.

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Case-law Database

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Austria / Highest Administrative Court / Ra 2017/19/0602

Syrian national vs. Austria
03/05/2018
National Court/Tribunal
Austria

Key facts of the case 

A Syrian national entered the EU in Bulgaria and applied for asylum there on 18 November 2016. Following this, she applied for asylum again in Austria on 30 Dezember 2016. The Federal Asylum Authority consulted the Bulgarian authorities and...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Constitutional Court / E3296/2017

Iranian national vs. Austria
26/02/2018
National Court/Tribunal
Decision
Austria

Key facts of the case

The complainant, an Iranian national, applied for international protection on 28 October 2015 following his entry into the Federal territory of Austria. He brought forward to be Christan and that based on that he would be persecuted in Iran in case...

EU Charter Article(s) referenced: 

Austria / Highest Administrative Court / Ra 2018/20/0001

Asylum seeker facing removal to Italy, Administrative Court
23/01/2018
National Court/Tribunal
Decision
Austria

Key facts of the case

The judgement of the Highest Administrative Court does not provide much information on the original case. However, the case was about a women with two children who faced removal to Italy based on the Dublin III regulation....

EU Charter Article(s) referenced: 

Austria / Constitutional Court / G44/2017 ua

Booking.com v Austria
29/09/2017
National Court/Tribunal
Decision
Austria

Key facts of the case: 

The applicant runs an online-booking platform at booking.com. Once a room is booked, a service agreement (...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Consitutional Court / E1486/2017

Afghan Citizen v Austria
14/06/2017
National Court/Tribunal
Decision
Austria

Key facts of the case:

The appellant, an Afghan citizen, applied for international protection on 28 June 2016. He entered the federal territory after passing through Iran, Turkey, Bulgaria, Serbia and Hungary....

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Supreme Administrative Court / Ra 2016/21/0144

Algerian Citizen v Austria
11/05/2017
National Court/Tribunal
Decision
Austria

Key facts of the case:

The Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, BFA) imposed detention pending removal on the applicant (an Algerian citizen) in order to ensure deportation. The applicant...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Constitutional Court / E2108/2015

Somali citizen v Federal state of Austria
10/06/2016
National Court/Tribunal
Decision
Austria

Key facts of the case:

The appellant, a Somali citizen, filed an application for international protection on 25 May 2014. After the first inquiry, which took place on the same day, the appellant was interrogated by the Federal Office for Immigration and Asylum (Bundesamt...

EU Charter Article(s) referenced: 

Austria / Constitutional Court / G447/2015 ua

Federal Administrative Court
09/05/2016
National Court/Tribunal
Decision
Austria

Key facts of the case:

The Federal Administrative Court brought forward a motion for repeal of the word sequence "against a return decision, a decision according to §2 (4) to (5) or §3 GVG-B 2005 or a directive for expulsion” in §52 (2)...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Highest Administrative Court / Ra 2015/12/0078

A retired professor v Federal Administrative Court
21/01/2016
National Court/Tribunal
Decision
Austria

Key facts of the case:

A retired professor received a decision (11 February 2015; received on 17 February 2015) by the Viennese education authority which set her advance date for the usage group L1 on 28 February 1973. With decision of 22 July 2015 the before mentioned...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Supreme Administrative Court / 2015/18/0113

Asylum seeker from Afghanistan
08/09/2015
National Court/Tribunal
Decision
Austria

Key facts of the case:

A single female Afghan asylum seeker having several children of minor age appealed against her transfer to Hungary before the Highest Administrative Court. She had applied for asylum in Hungary, but travelled to Austria afterwards in October 2014....

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

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