ROBINS v. THE UNITED KINGDOMDISSENTING OPINION OF
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Document date: July 4, 1996
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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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