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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Italy / Constitutional Court / Decision No. 194 of 2018

Ordinary Court of Rome
26/09/2018
National Court/Tribunal
Decision
Italy

Key facts of the case:

A private citizen filed a complaint to the Ordinary Court of Rome against the dismissal she was communicated by the company she worked for. She was hired with an open-ended contract on 11 May 2015 and dismissed on 15 December 2015. The company...

EU Charter Article(s) referenced: 

Italy / Constitutional Court / Decision No. 115 of 2018

The Italian Court of Cassation and the Appeals Court of Milan
10/04/2018
National Court/Tribunal
Decision
Italy

Key facts of the case:

The Italian Court of Cassation and the Appeals Court of Milan challenged before the Constitutional Court the legitimacy of art. 2 of the Law No. 130 of 2 August 2008, implementing the TFEU and more specifically art. 325 of the TFEU as interpreted by...

EU Charter Article(s) referenced: 

Italy / Constitutional Court / Decision No. 43 of 2018

Ordinary Court of Monza
24/01/2018
National Court/Tribunal
Decision
Italy

Key facts of the case:

The constitutional legitimacy question was raised by the Ordinary Court of Monza during a judicial proceeding involving a private citizen charged with tax evasion. The subject was convicted both by an administrative Court and a criminal Court of the...

EU Charter Article(s) referenced: 

Italy / Constitutional Court / 76/2017

Surveillance Court of Bari (Tribunale di Sorveglianza di Bari) v Italian Government
12/04/2017
National Court/Tribunal
Decision
Italy

Key facts of the case:

The Surveillance Court of Bari questioned the constitutional legitimacy of art. 47 of the Law No. 354 of 26 July 1975, on “Dipositions concerning the penitentiary system and on the execution of measures depriving people...

EU Charter Article(s) referenced: 

Italy / Court of Cassation / 3362

Two private citizens v the Public Revenue Agencies (Agenzia delle Entrate)
08/02/2017
National Court/Tribunal
Decision
Italy

Key facts of the case:

The two private citizens filed a complaint to the Court of Cassation against the decision of the Latium Regional Tax Commission to consider legitimate the  financial penalty imposed to...

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

Italy / Regional Administrative Tribunal / 9554

Telecom Italia v. the Antitrust Authority
20/07/2016
National Court/Tribunal
Decision
Italy

Key fats of the case:

The complainant – Telecom Italia– questioned the legality of Decision No. 25784 of 16 December 2015, Ancillary technical service market, adopted by...

EU Charter Article(s) referenced: 

Ireland / Regional Administrative Tribunal / 179

Private complainant v. The Ministry of Defence
04/02/2016
National Court/Tribunal
Decision
Italy

Key facts of the case: 

The complainant is a member of the Italian army: he was subjected to a disciplinary sanction in July 2014, which was then cancelled following an internal...

EU Charter Article(s) referenced: 

Italy / Court of Cassation / 19457/2015

Poste Italiane S.p.a. v Carmine Galasso
30/09/2015
National Court/Tribunal
Decision
Italy

Key facts of the case:

The Court of Cassation was required to rule over the legitimacy of a judgment of the Court of Appeal, which confirmed the judgment of the Naples Ordinary Court. The latter had annulled the lay-off of Carmine Galasso by Poste Italiane S.p.a. The...

EU Charter Article(s) referenced: 

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