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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Portugal / Tribunal Constitucional / Judgment 97/2011

Scope of article 78a (1) of the Constitutional Court Act
09/02/2011
National Court/Tribunal
Decision
Portugal
Key facts of the case:
 
The situation under review is in the scope of article 78a (1) of the Constitutional Court Act (Lei do Tribunal Constitucional), since a similar question had already been subject to a previous judgment of this Court, Judgment No....
EU Charter Article(s) referenced: 

Italy / Tribunal of Bolzano / 20/12/2010

K v Autonomous Province of Bolzano
20/12/2010
National Court/Tribunal
Decision
Italy

Key facts of the case:

K. filed an application for rent subsidy. Although K met all the requirements requested, his application was rejected because the quota of funds allocated to non-EU nationals had been exhausted.

Results (sanctions) and consequences of...

EU Charter Article(s) referenced: 

CJEU - C 356/09 / Judgment

Pensionsversicherungsanstalt v Christine Kleist
18/11/2010
Court of Justice of the European Union
Decision
EU
Key facts of the case:
 
A female physician was dismissed by her employer, a social security institution governed by public law according to its general policy (backed by the applicable collective agreement) to terminate the employment of all employees,...
EU Charter Article(s) referenced: 

Netherlands / Amsterdam Court of Appeal / 23-2197-09

Regular and intentional insults on website
11/10/2010
National Court/Tribunal
Decision
Netherlands

Key facts of the case:

A 30-year old blogger has regularly published insulting texts about Muslims and Turks on his website called ‘Misdefinition’.  On 7 April 2009 the Court in Haarlem acquitted the defendant because the court was not convinced that the utterances...

EU Charter Article(s) referenced: 

Finland / eduskunnan oikeusasiamies / rigsdagens justitieombudsman - Decision no. 2018/4/09

eduskunnan oikeusasiamies / rigsdagens justitieombudsman - Decision no. 2018/4/09
25/08/2010
National Court/Tribunal
Finland

Key facts of the case:

A returning migrant had moved from Spain back to Finland in 2004. She had appropriately submitted a notification of move to the Local Registry Office (maistraatti / magistraten) upon her return to Finland. She was not eligible to vote in the 2009...

EU Charter Article(s) referenced: 

Cyprus / Supreme Court / 1582/2008

Thadd Correia, Savvas Savva v The Republic of Cyprus, through the Director of the Civil Registry and Migration Department
22/07/2010
National Court/Tribunal
Decision
Cyprus

Key facts of the case:

The claimants, a Cypriot and a Canadian man who were married in Canada, moved permanently to Cyprus. The Cypriot man addressed the Migration Department of the Republic with two letters asking for the necessary actions to be taken for ensuring his...

EU Charter Article(s) referenced: 

Italy / Court of Cassation, Civil Division / 13332

Enunciation of "principle in the interest of the law"
27/04/2010
National Court/Tribunal
Decision
Italy

Key facts of the case:

General attorney at the Italian High Court– under petition of Ai.Bi. (Associazione amici dei bambini), authorized board in Italy which manages the international adoptions procedures – required the Court to clarify the specific competence of the...

EU Charter Article(s) referenced: 

Portugal / Tribunal Constitucional / 121/2010

Constitutionality Previous Decision Adopted by all Justices of Constitutional Court
15/04/2010
National Court/Tribunal
Decision
Portugal
Key facts of the case:
 
The Court decided upon a law approved by the Parliament in relation to whether same sex marriages were or were not considered compatible with the Constitution.
 
Results (sanctions) and key...
EU Charter Article(s) referenced: 

France / Court of Cassation / 09-65.853

Mrs X v Health Insurance Fund
11/03/2010
National Court/Tribunal
Decision
France

Key facts of the case:

The applicant, having concluded a registered partnership with another woman required the health insurance Fund the benefit of an indemnity of paternity leave, after her partner gave birth to the baby. This indemnity has been refused. The applicant...

EU Charter Article(s) referenced: 

CJEU - C 555/07 / Judgment

Seda Kücükdeveci v Swedex GmbH & Co. KG
19/01/2010
Court of Justice of the European Union
Decision
Germany

Key facts of the case:

This case concerned the interpretation of the principle of non-discrimination on grounds of age as given expression by Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. Under German employment law,...

EU Charter Article(s) referenced: 

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