KRESS v. FRANCE View

Notes

Date	07/06/2001
AppNr	39594/98
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 6-1
Violated / NonViolated	6-16-1
Citations	36-16-3-c6-3-d6-3-e789101314P1-12366-16-3-c78131434P1-2

Conclusions:

Costs and expenses (domestic proceedings) - claim dismissed
Costs and expenses award - Convention proceedings
No violation of Art. 6-1
No violation of Art. 6-1 with regard to the fact that the Government Commissioner's submissions were not communicated
Non-pecuniary damage - financial award (as regards length)
Non-pecuniary damage - finding of violation sufficient (fairness)
Violation of Art. 6-1
Violation of Art. 6-1 on account of the Government Commissioner's participation in the deliberations
Violation of Art. 6-1 on account of the length of proceedings

Keywords:

(art. 6) administrative proceedings
(art. 6-1) adversarial trial
(art. 6-1) equality of arms
(art. 6-1) reasonable time

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2001-VI
Language	ENGLISH ; FRENCH
Application Number	39594/98
Importance Level	1
Represented by	N/A
Respondent State	France
Date of Judgment	07/06/2001
Conclusion	No violation of Art. 6-1 with regard to the fact that the Government Commissioner's submissions were not communicated ; Violation of Art. 6-1 on account of the Government Commissioner's participation in the deliberations ; Violation of Art. 6-1 on account of the length of proceedings ; Non-pecuniary damage - finding of violation sufficient (fairness) ; Non-pecuniary damage - financial award (as regards length) ; Costs and expenses (domestic proceedings) - claim dismissed ; Costs and expenses award - Convention proceedings
Articles	6-1 ; 41
Separate Opinions	Yes
Law at Issue	Decree no. 63-766 of 30 July 1963 on the organisation and functioning of the Conseil d'Etat
Strasbourg Case Law	Borgers v. Belgium judgment of 30 October 1991, Series A no. 214-B, § 24, § 26 ; Bottazzi v. Italy [GC], no. 34884/97, § 22, § 30, ECHR 1999-V ; Burghartz v. Switzerland judgment of 22 February 1994, Series A no. 280-B, § 28 ; Delcourt v. Belgium judgment of 17 January 1970, Series A no. 11, p. 17, § 30, § 36 ; Hertel v. Switzerland judgment of 25 August 1998, Reports 1998-VI, § 63 ; J.J. v. the Netherlands judgment of 27 March 1998, Reports 1998-II, § 42 ; K.D.B. v. the Netherlands judgment of 27 March 1998, Reports 1998-II, § 43, § 44 ; Lobo Machado v. Portugal judgment of 20 February 1996, Reports 1996-I, § 31, § 32 ; Nideröst-Huber v. Switzerland judgment of 18 February 1997, Reports 1997-I, § 23, § 24 ; Reinhardt and Slimane-Kaïd v. France judgment of 31 March 1998, Reports 1998-II ; Van Orshoven v. Belgium judgment of 25 June 1997, Reports 1997-III, § 39, § 41 ; Vermeulen v. Belgium judgment of 20 February 1996, Reports 1996-I, § 33, § 34, § 37 ; X v. France judgment of 31 March 1992, Series A no. 234-C, § 31
External Sources	Article 27 of the Rules of Procedure of the Court of Justice ; Order of 4 February 2000 of the Court of Justice
Keywords	"(Art. 6) ADMINISTRATIVE PROCEEDINGS" "(Art. 6-1) ADVERSARIAL TRIAL" "(Art. 6-1) EQUALITY OF ARMS" "(Art. 6-1) REASONABLE TIME"

Application Documents 1

KRESS contre la FRANCE

Court (Third Section) Decision

29/02/2000

References 15

	135 BROCA AND TEXIER-MICAULT v. FRANCE 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	21/10/2003
	587 BOTTAZZI v. ITALY 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	171 HERTEL v. SWITZERLAND 10 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/08/1998
	176 REINHARDT AND SLIMANE-KAÏD v. FRANCE 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	31/03/1998
	29 K.D.B. v. THE NETHERLANDS 6-1, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	27/03/1998
	18 VAN ORSHOVEN v. BELGIUM 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1997
	156 NIDERÖST-HUBER v. SWITZERLAND 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	18/02/1997
	78 VERMEULEN v. BELGIUM 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/02/1996
	78 LOBO MACHADO v. PORTUGAL 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/02/1996
	57 BURGHARTZ v. SWITZERLAND 8, 14 Court (Chamber) Judgment (Merits and Just Satisfaction)	22/02/1994
	79 X. v. FRANCE 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	31/03/1992
	68 BORGERS v. BELGIUM 6-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	30/10/1991
	1 BAZERQUE contre la FRANCE COMMISSION Decision	03/09/1991
	149 DELCOURT v. BELGIUM 6-1 Court (Chamber) Judgment (Merits)	17/01/1970
	96 DELCOURT contre la BELGIQUE COMMISSION Decision (Final)	06/04/1967

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Citations Breakdown

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	LABBE c. FRANCE Court (Fifth Section) Decision	12/10/2010
	UZUKAUSKAS v. LITHUANIA 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	06/07/2010
	POCIUS v. LITHUANIA 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	06/07/2010

ECHR CaseLaw

KRESS v. FRANCE View

Notes

ECHR Notes

Application Documents 1

References 15

Citations Breakdown

Citations 141

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