Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)

    The Court reiterates that the right to a fair hearing under Article 6 § 1 of the Convention, interpreted in the light of the principles of rule of law and legal certainty, encompasses the

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Public hearing)

relied on Article 6 § 1 of the Convention, which reads as follows: Article   6   §   1 “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing

the hearing in his absence.

The applicant lodged an appeal on points of law arguing inter alia that in reversing his acquittal, the Court of Appeal had failed to conduct a fully-fledged hearing and had not heard anew all witnesses

    On 28 November 2013 the applicant company was served the notice of the scheduled hearing of the case ( κλήση προσδιορισμού δικασίμου ). 8.

The next hearing was scheduled to take place on 28 June 2016. 14 .

The requirements of a “fair and public hearing” must be assessed in light of the nature of the proceedings and the competence of the judicial body concerned.

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)

After holding hearings with the parties, the first-instance court allowed the claim.

The applicant had pleaded not guilty and stated at the hearing that he had been unable to repay his judgment debt owing to his poor financial situation. 4 .

He relied on Article 6 § 1 of the Convention, which reads as follows: Article   6   §   1 “In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing

Firstly, she argued that her right to a fair hearing had been violated on account of the fact that none of the opposing party’s applications had been served on her.

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing)

    At this point, the Court reiterates that, in deciding whether an applicant has received a fair hearing, it does not take the place of the domestic courts, which are in the best position to

participate in the hearing.