Information Note on the Court’s case-law 45

August-September 2002

Yvon v. France (dec.) - 44962/98

Decision 19.9.2002 [Section III]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Non-communication of the submissions of the commissaire du Gouvernment to the Court of Cassation and cumulation of functions of commissaire and of representative of the opposing party: admissible

The applicant brought proceedings a gainst the revenue directorate of Charentes-Maritime département to have the amount of his compensation for expropriation determined. The judge effecting the expropriation fixed upon a sum which the applicant challenged before the court of appeal. In these proceedings the director of the revenue office, acting as representative of the State, lodged a memorial and the Government Commissioner, who was likewise the director of the revenue office, filed submissions. The applicant asked that the intervention of the revenue office director as Government Commissioner be disallowed. His request was refused by the court of appeal, which found no irregularity in the dual capacity of the director of the revenue office as Government Commissioner and as director of reven ue representing the expropriating department. The court of appeal fixed a higher amount than the earlier one. The Court of Cassation dismissed the applicant’s appeal on points of law.

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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