In particular, the European Court may require a new examination of the case, as it did in the case of Barbera, Messeque and Jabardo v. Spain of 6 December 1998.

; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } FOURTH SECTION DECISION AS TO THE ADMISSIBILITY OF Application nos. 47675/99 and others by Barbara

    Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention;     2.

In appropriate cases, this may include compensation in respect of loss of earnings (see, among other authorities, Barberà, Messegué and Jabardo v.

    Holds by five votes to two that there has been a violation of Article 3 of the Convention;   3.

Court H.R., Barberà, Messegué and Jabardo judgment of 6 December 1988, Series A no. 146, p. 31, para. 67).

Spain judgment of 21   January 1999, Reports 1999-1, § 28 and the Barberà, Messegué and Jabardo v. Spain judgment of 6   December 1988, Series A no. 146, p. 31, §   68).

Court H.R., Barberà, Messegué and Jabardo judgment of 6 December 1988, Series A no. 146, p. 31, para. 67).

The Division refuses to apply unconstitutional provisions and, pursuant to Article 563 para. 2 of the Code of Civil Procedure, holds that it is bound to refer the case to the Court of Cassation sitting

  29, §   46; Barberà, Messegué and Jabardo   v.   Spain , judgment of 6   December 1988, Series   A no.   146, p.   31, §   68).

    Turning to the present case, the Court, firstly, finds it established that the first applicant does not hold Russian nationality.

  (b)     he had not had access to court as the Tax Rectification Committee and the County Administrative Court of Uusimaa were not independent and impartial tribunals as they did not hold

§ 93, ECHR 2013), viewed as a procedural guarantee in the context of a criminal trial itself, the presumption of innocence imposes requirements in respect of, inter alia , the burden of proof (see Barberà

With respect to the allocation of cases, the Venice Commission - in line with Council of Europe standards [9] - holds that “the allocation of cases to individual judges should be based on objective and

adversarial procedure and can also be derived from the guarantees contained, in particular, in sub-paragraph   (c) of paragraph 3 of Article 6 – “to defend himself in person” (see, among others, Barberà

Consequently, the Court, being required to give a ruling in the light of the case as it now stands, holds that it has jurisdiction to settle this issue. b)     The Government further submit that

  Holds that this irregularity, seeing that the offenders were not caught in the act, had the effect of infringing the rights of those against whom proceedings have been brought, and that at the same

          The applicants in the second application were represented by Mmes Barbara Hussey and Co., solicitors, Dublin.   4.

    The applicants were represented by Ms Barbara Pohárnok, a lawyer practising in Budapest.