Case of European Court of Human Rights, September 28, 1995 (case Procola v. Luxemburg)

Resolution Date:September 28, 1995
SUMMARY

Violation of Art. 6-1 Pecuniary damage - claim dismissed Costs and expenses award

 
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Information Note on the Court’s case-law No.

September 1995

Procola v. Luxemburg - 14570/89

Judgment 28.9.1995

Article 6

Administrative proceedings

Article 6-1

Civil rights and obligations

Impartial tribunal

Participation in decision on an application to set aside by members of Conseil d'Etat who had earlier given their opinion on the impugned provisions: Article 6 § 1 applicable; violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

I.              ARTICLE 6 § 1 OF THE CONVENTION

A.              Applicability

  1.               Whether there was a dispute concerning a right

    Dispute between the parties as to whether ministerial orders fixing milk quantities could be given retrospective effect - applicant association's case sufficiently tenable, since Conseil d'Etat had conducted a detailed examination of the conflicting arguments.

  2.               Civil nature of the right in issue

    Close connection between proceedings brought by applicant and consequences their outcome might have had for a pecuniary right - by applying to Conseil d'Etat Procola was using only means at its disposal of attempting to obtain reimbursement of additional levies - in any event, payment of additional levies to national authorities could be construed as deprivation of possessions - civil nature of the right to peaceful enjoyment of possessions.

    Conclusion: Article 6 § 1 applicable (unanimously).

    B.              Compliance

    ...

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