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Denmark: Supreme Court Upholds Conviction of Danish Citizen for Illegal Presence in Syria

(Sept. 18, 2019) On August 27, 2019, the Danish Supreme Court sentenced a Danish citizen for unlawful presence in al-Raqqa, Syria, while fighting against the Islamic State (ISIS). The Court thereby affirmed the appellate court decision, finding that the citizen’s presence violated section 114 j of the Danish Criminal Code. (Supreme Court Case No. 27/2019, […]

Turkey: Court of Cassation Ruling Clarifies ‘Appeal in the Interest of Law’ Procedure

(Sept. 16, 2019) On February 14, 2019, the 11th Civil Chamber of the Turkish Court of Cassation issued a judgment clarifying the extraordinary appeal procedure “appeal in the interest of law” (kanun yararina temyiz). The judgment was published in the Official Gazette on August 22, 2019. “Appeal in the interest of law” is a procedure […]

Israel: Supreme Court Holds Critical Parody of Nespresso Commercials Do Not Violate Copyright or Trademarks

(Sept. 5, 2019) On August 7, 2019, Israel’s Supreme Court upheld the Tel Aviv District Court’s decision to dismiss a claim by Nestle Nespresso (the appellant) that the Israeli coffee company Espresso Club (the respondent) had violated Nespresso’s copyright and trademark by broadcasting several commercials referencing its own ads. Nespresso had also alleged that the […]

United States: New York State Appellate Court Upholds Order for Return of Nazi-Looted Art

(Aug. 22, 2019) On July 9, 2019, the New York Appellate Division upheld a lower court’s decision ordering defendant Richard Nagy to return two pieces of art to the heirs of Fritz Grunbaum, a Jewish Viennese performance artist and art collector who was imprisoned and murdered by Nazis during the Holocaust. (Reif v. Nagy, No. […]

Italy: Mandatory Confiscation in Security Violation Ruled Unconstitutional

(Aug. 16, 2019) On March 6, 2019, the Italian Constitutional Court declared unconstitutional article 187-sexies of Legislative Decree No. 58 of 1998, which provides for the mandatory confiscation of the proceeds of an insider trading offense and the instruments used to commit it. (Decision No. 112 of March 6, 2019 (the Decision) (in Italian).) Background […]

Turkey: Constitutional Court Rules Refusal to Allow Election of a New Patriarch a Violation of the Right to Freedom of Religion

(Aug. 8, 2019) On May 5, 2019, the Constitutional Court of Turkey issued its decision in Levon Berç Kuzukoglu ve Ohannes Garbis Balmumciyan, holding that the government’s failure to enable the election of a new Armenian patriarch in a manner conforming with Turkish-Armenian tradition and religious requirements constituted a violation of religious freedom. (Levon Berç […]

Ecuador: Constitutional Court Upholds Same-Sex Marriage

(July 25, 2019) On June 12, 2019, Ecuador’s Constitutional Court (CC) upheld the right to same-sex marriage in the country, ruling in favor of two gay couples who had sued after their request to be married was denied by the country’s civil registry. (Corte Constitucional Aprueba Matrimonio Civil Igualitario en Ecuador, EL COMERCIO (June 12, […]

Norway: Supreme Court Rules on Production of Electronic Evidence in Civil Disputes

(July 25, 2019) On May 28, 2019 the Supreme Court of Norway ruled that parties to a civil dispute could be requested to produce digital documents only if the request is sufficiently specific and includes only relevant evidence, and the cost of producing the evidence is proportional to the value of the dispute. (Norges Høyesterett […]

United Kingdom: Belfast High Court Quashes Warrants Against Journalists, Leading to Case Being Dropped

(July 24, 2019) On May 31, 2019, the Northern Ireland High Court in Belfast ruled that search warrants executed on two journalists for journalistic materials seized during an investigation into the suspected theft of confidential documents from the Northern Ireland Police Ombudsman’s office were “inappropriate.”  The Court recommended that the journalistic materials be returned. (Loughinisland: […]