rendu l'arrêt suivant : Sur le pourvoi formé par la société SNC Continent hypermarchés, dont le siège social est route de Paris, Mondeville (Calvados) et ayant établissement route de Castillon, Libourne

    The Court reiterates that paragraph 5 of Article 5 requires a remedy in compensation for a deprivation of liberty effected in conditions contrary to paragraphs 1, 2, 3 or 4 ( Wassink v. the

Violation of Article 5 - Right to liberty and security (Article 5-4 - Review by a court);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

arrested or detained are entitled to a review bearing upon the procedural and substantive conditions which are essential for the “lawfulness”, in the sense of the Convention, of their deprivation of liberty

The deprivation of liberty had thus been proportionate. Conclusion : no violation (unanimously).

Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

    Everyone has the right to liberty and security of person.

Having relied on the above considerations, the Kirovskyy Court concluded that the applicant had failed to prove that he had been deprived of his liberty unlawfully. 17.

    As to the merits of the case, the Court reiterates that paragraph 5 of Article 5 requires a remedy in compensation for a deprivation of liberty effected in conditions contrary to paragraphs

Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

Violation of Article 5 - Right to liberty and security (Article 5-1-f - Expulsion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review)

    The Government (a)     Deprivation of liberty 47.

    The Court reiterates that paragraph 5 of Article 5 requires a remedy in compensation for a deprivation of liberty effected in conditions contrary to paragraphs 1, 2, 3 or 4 ( Wassink v. the

In his application to the European Court, the applicant complained that his continued confinement in a psychiatric hospital had violated his right to liberty as his detention had been prolonged despite

    Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ...

    The Court reiterates that paragraph 5 of Article 5 requires a remedy in compensation for a deprivation of liberty effected in conditions contrary to paragraphs 1, 2, 3 or 4 ( Wassink v. the

    Everyone has the right to liberty and security of person.

Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)