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ROBINS v. THE UNITED KINGDOMDISSENTING OPINION OF

Doc ref:ECHR ID:

Document date: July 4, 1996

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ROBINS v. THE UNITED KINGDOMDISSENTING OPINION OF

Doc ref:ECHR ID:

Document date: July 4, 1996

Cited paragraphs only

                          DISSENTING OPINION OF

                 MR. ROZAKIS, MRS. THUNE AND MR. LOUCAIDES

      We are of the opinion that the case-law of the Commission to the

effect that cost proceedings were outside the scope of Article 6 of the

Convention was linked to the old and narrower interpretation of

Article 6 before the Salesi judgment (Eur. Court HR, Salesi v. Italy

judgment of 26 February 1993, Series A No. 257-E).

      The question of liability for the costs incurred by the other

party to civil proceedings is a pecuniary matter.  It is of a private

character, there being no "public" elements.  Accordingly, it concerns

"civil rights and obligations" and Article 6 applies.

      If this approach was adopted by the majority, it could have found

a violation of Article 6.  In this respect we join the dissenting

opinion of Mrs. J. Liddy, MM. G.B. Reffi, I. Békés, G. Ress, K. Herndl.

                                                              (Or. English)

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