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E.K. v. SWITZERLANDSEPARATE OPINION OF MR TRECHSEL

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Document date: October 21, 1998

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E.K. v. SWITZERLANDSEPARATE OPINION OF MR TRECHSEL

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Document date: October 21, 1998

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SEPARATE OPINION OF MR TRECHSEL

I have voted together with my colleagues for the finding of a violation of  Article 6, basing myself on the fact that the application has been declared admissible.  However, I would like to express my dissent with the decision on admissibility itself.

In my view, the applicant has not seriously raised the issue regarding the length of the proceedings.  The way I read his appeal, the relevant part of which is reproduced in the decision on admissibility attached to this Report, the time passed is only referred to in the context of the complaint about the alleged arbitrary character of the decision on the merits.  What he states is this: "The authorities ought to have found out earlier that I am not insured: the fact that they took so long to find out, makes the decision worse."  I do not regard this as a valid complaint of the length of the proceedings which would have allowed the Federal Insurance Court to examine this procedural aspect.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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