Information Note on the Court’s case-law 16

March 2000

Nicholas v. Cyprus (dec.) - 37371/97

Decision 14.3.2000 [Section III]

Article 6

Civil proceedings

Article 6-1

Access to court

Absence of legal aid in civil proceedings: inadmissible

The applicant, a pilot by profession, instituted defamation proceedings against a Cypriot airline company which had refused to employ him following the publication in a newspaper of a letter in which, according to him, the company made disparaging comments concerning his professional ability. In a previous civil litigation, the applicant had been told by the judicial authorities that no legal aid could be obtained in civil proceedi ngs. He was represented by counsel at the opening of the proceedings. He then failed to appear at the scheduled hearing and his action was consequently dismissed. However, on his request the court reinstated his action. After repeated adjournments of the h earing, counsel for the applicant informed him that he would no longer represent him but that “no fees (were) expected to be paid (by the applicant)”, and that he could collect the file in order to present his case himself. The applicant subsequently asked for several adjournments. As none of the parties appeared at the scheduled hearing, the court again dismissed the action.

Inadmissible under Article 6 § 1 (access to court): During part of the proceedings the applicant was represented by counsel, who prep ared all the necessary written submissions. Although he had arranged to ensure his legal representation on a “no fee” basis, the applicant did not substantiate that after his counsel’s withdrawal he tried to make similar arrangements. Furthermore, the appl icant’s action was rejected because no one appeared at the scheduled hearing. Under Cypriot law, it was open to the applicant to appear himself and there was nothing to indicate that the action was dismissed because of the unavailability of legal aid. In t hese circumstances, the applicant could not claim to be a victim: incompatible ratione personae .

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

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