Information Note on the Court’s case-law

February 1997

Nideröst-Huber v. Switzerland - 18990/91

Judgment 18.2.1997

Article 6

Article 6-1

Fair hearing

Adversarial trial

Observations sent by a cantonal court to the Federal Court on appeal: violation

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore diff er from the Case-Law Information Note summaries.]

I. ARTICLE 6 § 1 OF THE CONVENTION

Cantonal court's observations not communicated to either of parties to dispute before Federal Court - cantonal court could not be regarded as opponent of either of the par ties - no infringement of equality of arms.

Observations in issue contained reasoned opinion on merits of appeal - unlikely that Federal Court paid them no heed - effect they actually had on Federal Court, fact that proceedings were civil and assertion of courts concerned that observations did not present any new fact or argument all of little consequence - only parties to dispute could decide whether a document called for their comments.

Aim of saving time and expediting proceedings: did not justify disregarding such a fundamental principle as right to adversarial proceedings.

Conclusion : violation (unanimously).

II. ARTICLE 50 OF THE CONVENTION

A. Damage

Pecuniary damage: claim dismissed.

Non-pecuniary damage: sufficiently compensated by judgment.

B. Costs and expenses

Reimbursed.

Conclusion : respondent State to pay a specified sum for costs and expenses (unanimously).

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

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