Information Note on the Court’s case-law 29

April 2001

Del Sol v. France (dec.) - 46800/99

Decision 3.4.2001 [Section III]

Article 6

Civil proceedings

Article 6-1

Access to court

Decision by legal aid board of Court of Cassation on whether there are grounds for an appeal on points of law: admissible

Mr and Mrs Del Sol were granted a divorce by the tribunal de grande instance . The applicant, Mrs Del Sol, appealed against the decree of divorce but the Court of Appeal dismissed her appeal and upheld the decree. She decided to appeal on points of law against the Court of Appeal’s judgment and applied to the Court of Cassation’s legal aid office. While acknowledging t hat the applicant’s means were insufficient, the office rejected her application for legal aid, stating that there was no serious ground for an appeal on points of law against the impugned judgment. She then appealed against that decision. The President of the Court of Cassation dismissed her appeal, pointing out that the legal aid office’s assessment of the facts of the case was not subject to review and finding that there did not appear to be any serious grounds for an 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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