Information Note on the Court’s case-law 49

January 2003

Burg and Others v. France (dec.) - 34763/02

Decision 28.1.2003 [Section II]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Dismissal of appeal on points of law on basis that the grounds of appeal were not such as to warrant admissibility: inadmissible

In a dispute with their employer, the applicants were successful at first instance before the Labour Court.  When the employer appealed, the Appeal court set the judgment aside.  The Social Chamber of the Court of Cassation rejected an appeal on a point of law brought by the applicants, on the ground that their argument would not succeed in the appeal pro ceedings (Article L. 131-6 of the Judicial Code).

Inadmissible under Article 6 § 1:  The Court has ruled that Article 6 does not require that detailed reasons be given for decisions in which an appeal court, on the basis of a specific legal provision, di smisses an appeal as standing no chance of succeeding, and this case-law has already been applied to administrative court proceedings in France.  There is no reason why it should not be applied to the ordinary courts as well, when the latter follow a simil ar procedure: manifestly ill-founded.

[This decision extends application of the case-law derived from Société anonyme Immeuble Groupe Kosser v. France (dec.), No. 38748/97, judgment of 9 March 1999, and Latournerie v. France (dec.), No. 50321/99, decisio n of 10 December 2002, which concerned Section 11 of the Act of 31 December 1987, introducing a prior review procedure for appeals on points of law to the Conseil d’Etat .]

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

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