CASE OF HERTEL v. SWITZERLANDDISSENTING OPINION OF JUDGE toumanov
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Document date: August 25, 1998
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DISSENTING OPINION OF JUDGE toumanov
( Translation )
I agree with Mr Bernhardt’s dissenting opinion.
Furthermore, I voted against awarding a sum under Article 50 of the Convention as, in my view, there is no justification for reimbursing the applicant for the costs and expenses he incurred before the national courts.
[1] Notes by the Registrar
. The case is numbered 59 / 1997 / 843 / 1049 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.
[2] . Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.
[3] . Note by the Registrar . For practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the Commission’s report is obtainable from the registry.