Information Note on the Court’s case-law 47

November 2002

Döry v. Sweden - 28394/95

Judgment 12.11.2002 [Section IV]

Article 6

Civil proceedings

Article 6-1

Public hearing

Oral hearing

Lack of oral hearing in proceedings relating to benefits: no violation

Facts – The applicant appealed to the County Administrative Court against decisions to discontinue industrial injury benefits and sickness benefits. She did not request an oral hearing. Her appeals were dismissed and she then lodged separate appeals with the Administrative Court of Appeal. Her requests for an oral hearing were refused and her appeals were rejected. The Supreme Social Insurance Court refused her leave to appeal.

Law – Article 6 § 1 : As to the lack of an oral hearing before the County Administrative Court and the Supreme Social Insurance Court, the same principles applied as in the Salomonsson v. Sweden case (no. 38978/97 , 12 November 2002, Information Note 47 ) . As to the lack of a hearing before the Administrative Court of Appeal, in the present case the courts' assessments were based entirely on the medical evidence and the dispute before the Administrative Court of Appeal thus concerned the correct interpretation of written medical evidence. That issue could be adequately resolved on the basis of the medical reports and the applicant's written submissions. The applicant did not request that any witnesses be called and did not rely on any other oral evidence. Indeed, she did not state any reasons for her requests that oral hearings be held. There were therefore exceptional circumstances which justified dispensing with a hearing.

Conclusion : no violation (unanimously).

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

Click here for the Case-Law Information Notes