It will however apply to disputes of a “genuine and serious nature” concerning the actual existence of the right as well as to the scope or manner in which it is exercised ( Benthem v. the Netherlands,

Benthem v. the Netherlands judgment of 23 October 1985, Series A no. 97, p. 16, § 34, and Massa v. Italy judgment of 24 August 1993, Series A no. 265-B, p. 20, §   26).

  Court H.R., Benthem judgment of 23 October 1985, Series A no. 97, p. 15, para. 32).   It may concern both questions of fact and law (cf.   Eur.

Court HR, Benthem v. the Netherlands judgment of 23 October 1985, Series A no. 97, p. 14, para. 32).

It will however apply to disputes of a “genuine and serious nature” concerning the actual existence of the right as well as to the scope or manner in which it is exercised ( Benthem v. the Netherlands

Article 6 will however apply to disputes of a “genuine and serious nature” concerning the actual existence of a right as well as to the scope or manner in which it is exercised (see the Benthem v. the

   As to whether there was a "contestation" within the meaning of Article 6 § 1 (art. 6-1), regard should be had to the principles enunciated in the Court’s case-law, summarised in the Benthem

  (9) See also the Benthem v. the Netherlands judgment of 23 October 1985, Series A no. 97, p. 15, para. 32, sub-paragraph (c) and the Van Marle and Others v. the Netherlands judgment of 26 June 1986

Court H.R., König judgment of 28 June 1978, Series A no. 27, pp. 31-32, paras. 91- 95; Benthem judgment of 23 October 1985, Series A no. 97, pp. 14-16, paras. 32-36; Pudas judgment of 27 October 1987,

Such renunciation, even if delivered in writing to a particular individual, is not to be equated with a licence granted in accordance with the law (compare and contrast Benthem v. the Netherlands , 23

Gaming Board for Great Britain, ex parte Benaim and Khaida 1970 2 Queen’s Bench Reports 417, 430.

  There were to be two border crossings, one at Oldenzaal/Bad Bentheim and the other at Venlo/Kaldenkirchen.

It will however apply to disputes of a “genuine and serious nature” concerning the actual existence of the right as well as to the scope or manner in which it is exercised (Benthem v. the Netherlands judgment

  Court H.R., Benthem judgment of 23 October 1985, Series A no. 97, p. 14, para. 32).

genuine and serious unless there are clear indications to the contrary which might warrant the conclusion that the claim is frivolous or vexatious or otherwise lacking in foundation (see, among others, Benthem

    The Government contested the applicability of Article   6   §   1 to the proceedings before the Constitutional Court (they referred to Benthem v. the Netherlands , 23  

could be appointed for a certain term of office, and that they must benefit from a certain stability and must not be dependent on any authority (judgment of the ECHR of 23 October 1985 in the case of Benthem

This was indeed, then, a "contestation" (dispute) as customarily interpreted by the Court, most recently in its Benthem judgment. 2.

There were to be two border crossings, one at Oldenzaal/Bad Bentheim and the other at Venlo/Kaldenkirchen.

   As to whether there was a "contestation" (dispute) over a right, the Court would refer to the principles that have been laid down in its earlier decisions, notably the Benthem judgment of