Information Note on the Court’s case-law

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 extra cted 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 conducte d 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 Proco la 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

Complaint concerning lack of independence: not necessary to determine the issue.

Complaint concerning lack of impartiality: four members of Conseil d'Etat had carr ied out both advisory and judicial functions - mere fact that certain persons successively performed the two types of function in respect of the same decisions was capable of casting doubt on structural impartiality of the Conseil d'Etat's Judicial Committ ee -applicant association's fears in that respect justified.

Conclusion : violation (unanimously).

II. ARTICLE 50 OF THE CONVENTION

A. Pecuniary damage : no causal link with violation found - compensation claim disallowed.

B. Costs and expenses : reimbursement assessed on an equitable basis.

Conclusion : respondent State to pay a specified sum in respect of costs and expenses (unanimously).

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

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