en secteur difficile comme l'exige l'article 12-3 du décret du 23 décembre 2004 ; - l'arrêté et la décision portant refus d'inscription sont entachés d'erreurs manifestes d'appréciation quant aux mérites

Preliminary objection (incompatibility ratione materiae) dismissed;Preliminary objection (non-exhaustion of domestic remedies) joined to merits and dismissed;Violation of Art. 11;Violation of Art. 13;Pecuniary

Preliminary objection joined to merits (six month period) and dismissed;Violation of Art. 6-1 and 3;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial award;Costs and expenses (domestic

Preliminary objection dismissed (non-exhaustion of domestic remedies);Preliminary objection joined to merits (victim);Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - financial

Law : The Government’s preliminary objection:   The Court decided to join to the merits the Government’s preliminary objection that the applicant had not exhausted domestic remedies in so far as he

Preliminary objection joined to merits (non-exhaustion of domestic proceedings);Violation of Art. 6-1;Pecuniary damage - claim dismissed;Non-pecuniary damage - finding of violation sufficient;Costs and

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 5-3;Violation of Art. 5-4;Remainder inadmissible;Pecuniary damage - claim dismissed;Non-pecuniary

Preliminary objection joined to merits and dismissed (Article 34 - Victim);Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life);Non-pecuniary damage

It is therefore necessary to join the Government’s objection to the merits of the applicant’s complaint under Article 13 of the Convention. 44 .

Preliminary objection joined to merits and dismissed (Article 35-1 - Effective domestic remedy);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition

Accordingly, the domestic authorities had not examined, in accordance with the requirements of Article   13, the merits of the applicants’ arguable complaints under Article   3.

Preliminary objection joined to merits and dismissed (Article 35-3 - Ratione materiae);Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-2 -

Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 2 - Right to life (Article 2 - Positive obligations;Article

It will therefore deal with the objection in its examination of the merits below (see paragraphs73-74 below). B.     Incompatibility ratione materiae 1.

They should, therefore, be joined to the merits. 77.

It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.

Preliminary objection joined to merits and dismissed (Article 35-3 - Ratione materiae);Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-2 -

The Government’s preliminary objection relating to the applicant’s victim status, which had been joined to the merits, was therefore dismissed. Conclusion : violation (six votes to one).

It therefore considers that this particular objection raised by the Government should be joined to the merits of the case.