CONCURRING OPINION OF JUDGE SPANO

1. I agree with the majority in finding a violation of Article 6 § 1 ... of the Convention.

2. In paragraphs 76-79 of the judgment the Court sets out the principles on conviction in absentia deriving from Sejdovic v. Italy [GC], no. 56581/00, § 82, ECHR 2006 II; Colozza v. Italy , 12 February 1985, § 33, Series A no. 89; and Medenica v. Switzerland , no. 20491/92, § 55, ECHR 2001 VI. I would like to stress here that this case would seem to be the first one in which the Court has been squarely confronted with the question whether these principles can be transposed to proceedings which come under the civil head of Article 6 § 1. The Court answers that question in the affirmative in a general and abstract manner (see paragraph 79).

3. In my view, the Court should have adopted a narrower and more cautious approach to this novel issue and confined the application of these principles to the facts of this particular case, where the applicants were not duly notified of the domestic proceedings in accordance with the applicable rules on civil procedure. The domestic court found against them without their ever having an opportunity to reply to the claims submitted, despite the fact that the proceedings before the court involved the applicants ’ right to freedom of expression as guaranteed by Article 10 of the Convention ...

4. In view of these specific facts, and especially the civil right at stake, I concur with my colleagues that there has been a violation of Article 6 § 1 in this case. However, the question whether there are grounds for the principles of conviction in absentia to be applied in other circumstances coming under the civil head of Article 6 § 1 should, in my view, have been left open and decided on a case-by-case basis. Prudence in the development of the law in the area of civil procedure is essential for an international court confronted with a wide range of approaches to the organisation of domestic procedural systems .

[1] . This is a reference to the ritual formula used at Muslim funerals, whereby those present waiv e all rights vis-à-vis the deceased.