NESME v. FRANCE / ECHR

Notes

Date	14/12/2004
AppNr	72783/01
Body	Court (Second Section)
Type	Judgment (Merits)
Articles	14; 29-3; 6-1
Violated / NonViolated	6-16-1
Citations	6-16-1

Conclusions:

No violation of Art. 6-1
No violation of Art. 6-1 as regards the failure to summon the applicant to the hearing and his lack of participation therein
No violation of Art. 6-1 as regards the time-limit for the lodging of supplementary pleadings
Partly inadmissible
Violation of Art. 6-1
Violation of Art. 6-1 on account of the alleged failure to supply a copy of the advocate-general's submissions
Violation of Art. 6-1 on account of the failure to supply a copy of the reporting judge's report and the fact that the advocate-general was present at the deliberations

Keywords:

(art. 6) criminal proceedings
(art. 6-1) adversarial trial
(art. 6-1) equality of arms
(art. 6-1) fair hearing
(art. 6-1) oral hearing

ECHR Notes

Originating Body	Court (Second Section)
Document Type	Judgment (Merits)
Language	FRENCH
Application Number	72783/01
Importance Level	2
Represented by	N/A
Respondent State	France
Date of Introduction	03/08/2001
Date of Judgment	14/12/2004
Conclusion	Violation of Art. 6-1 on account of the failure to supply a copy of the reporting judge's report and the fact that the advocate-general was present at the deliberations ; No violation of Art. 6-1 as regards the time-limit for the lodging of supplementary pleadings ; No violation of Art. 6-1 as regards the failure to summon the applicant to the hearing and his lack of participation therein ; Violation of Art. 6-1 on account of the alleged failure to supply a copy of the advocate-general's submissions ; Partly inadmissible
Articles	6-1 ; 14 ; 29-3
Separate Opinions	No
Strasbourg Case Law	Berger v. France, no. 42221/99, §§ 42 and seq., ECHR 2002-X (extracts) ; ;Borgers v. Belgium, judgment of 30 October 1991, Series A no. 214-B §§ 28-29 ; ;Bricmont v. Belgium, application no. 10857/84, decision of 15 July 1986, Decisions and Reports (DR) 48, p. 106 ; ;Duriez-Costes v. France, no. 50638/99, § 33, 7 October 2003 ; ;Fontaine and Bertin v. France, nos. 38410/97 and 40373/98, § 60, §§ 47-50, 8 July 2003 ; ;García Ruiz v. Spain [GC], no. 30544/96, § 28, ECHR 1999-I ; ;Levages Prestations Services v. France, judgment of 23 October 1996, Reports 1996-V, §§ 40 et seq. ; ;Lobo Machado v. Portugal, judgment of 20 February 1996, Reports 1996-I, § 32 ; ;Mac Gee v. France, no. 46802/99, § 15, 7 January 2003 ; ;Meftah and Others v. France [GC], nos. 32911/96, 35237/97 and 34595/97, §§ 41-42, §§ 47-52, ECHR 2002-VII ; ;Reinhardt and Slimane-Kaïd v. France, judgment of 31 March 1998, Reports 1998-II, § 105, §§ 106-107 ; ;Richen and Gaucher v. France, nos. 31520/96 and 34359/97, § 35, 23 January 2003 ; ;Slimane-Kaïd v. France (no. 2), no. 48943/99, § 17, 27 November 2003 ; ;Vacher v. France, judgment of 17 December 1996, Reports 1996-VI ; ;Vermeulen v. Belgium, judgment of 20 February 1996, Reports 1996-I, § 34 ; ;Voisine v. France, no. 27362/95, 8 February 2000 ; ;Welter v. Sweden, application no. 11122/84, decision of 2 December 1985, DR 45, p. 246;
Keywords	"(Art. 6) CRIMINAL PROCEEDINGS" "(Art. 6-1) ADVERSARIAL TRIAL" "(Art. 6-1) EQUALITY OF ARMS" "(Art. 6-1) FAIR HEARING" "(Art. 6-1) ORAL HEARING"

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References 13

	12 SLIMANE-KAÏD v. FRANCE (No. 2) 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	27/11/2003
	3 DURIEZ-COSTES v. FRANCE 6-1, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	07/10/2003
	23 FONTAINE AND BERTIN v. FRANCE 6-1, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	08/07/2003
	11 RICHEN AND GAUCHER v. FRANCE 6-1, 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	23/01/2003
	30 MAC GEE v. FRANCE 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	07/01/2003
	127 MEFTAH AND OTHERS v. FRANCE 6-1, 6-1, 6-3-c Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	26/07/2002
	60 VOISINE v. FRANCE 6-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	08/02/2000
	1139 GARCIA RUIZ v. SPAIN 6-1 Court (Grand Chamber) Judgment (Merits)	21/01/1999
	176 REINHARDT AND SLIMANE-KAÏD v. FRANCE 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	31/03/1998
	112 LEVAGES PRESTATIONS SERVICES v. FRANCE 6-1 Court (Chamber) Judgment (Merits)	23/10/1996
	78 LOBO MACHADO v. PORTUGAL 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/02/1996
	238 BRICMONT v. BELGIUM 6 Court (Chamber) Judgment (Merits and Just Satisfaction)	07/07/1989
	14 WELTER v. SWEDEN Commission (Plenary) Decision	02/12/1985

Show all (13)

	E.S. c. FRANCE Court (Fifth Section) Decision (Final)	25/05/2010
	1 GODOROZEA v. MOLDOVA Court (Fourth Section) Judgment (Merits and Just Satisfaction)	06/10/2009
	CHOLET v. FRANCE Court (Third Section) Judgment (Merits)	29/03/2007
	ANGEBEAU c. FRANCE Court (Second Section) Decision (Final)	13/03/2007
	4 VESQUE v. FRANCE 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	07/03/2006
	9 MENET v. FRANCE 6-1 Court (Second Section) Judgment (Merits)	14/06/2005

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Notes

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References 13

Citations Breakdown

Citations 6

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