Information Note on the Court’s case-law 56

September 2003

Pabla Ky v. Finland (dec.) - 47221/99

Decision 16.9.2003 [Section IV]

Article 6

Civil proceedings

Article 6-1

Impartial tribunal

Independence and impartiality of a judge also a Member of Parliament: admissible

The applicant is a company running a restaurant, the premises of which were rented from an insurance company. An agreement was reached between t he applicant and the insurance company to renovate more restaurant premises, for which the applicant had to pay an amount of money and its monthly rent was raised. Upon completion of the renovation works, the applicant considered they were unsatisfactory a nd did not correspond to the original plan. It instituted civil proceedings before the District Court, which rejected the applicant’s claim for compensation. The Court of Appeal upheld the District Court’s decision. One of the members of the Court of Appea l was also a Member of the Finnish Parliament at the time. Under the Parliament Act, there is incompatibility between being a Members of Parliament and holding certain high positions in the judiciary, but there are no restrictions on being a member of a Co urt of Appeal.

Admissible under Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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