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 Benthem v. the Netherlands

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, for example, Benthem

Belgium , judgment of 23 June 1981, Series A no. 43, p. 21, § 47; and Benthem v. the Netherlands , judgment of 23 October 1985, Series A no.   97, pp. 14 ‑ 15, § 32). 58.

Court H.R., Benthem judgment of 23 October 1985, Series A no. 97, p. 16 para. 36).   40.

        If one looks at the applicants' complaints in a narrow perspective, it is difficult to distinguish the case from previous case-law, e.g., the case of Benthem (see

  Court H.R., König judgment of 23 April 1977, Series A no. 27, Le Compte, Van Leuven and De Meyere judgment of 23 June 1981, Series A no. 43 and Benthem judgment of 23 October 1985, Series A no.

non-judicial authority to the detriment of an individual party is inherent in the very notion of a "tribunal", as is confirmed by the word "determination" ("qui décidera") (compare the following judgments: Benthem

Wiesbaden German 2   823 222 16 760 16,508.33   63967/09 20/11/2009   Josef POINTVOGL 06/01/1959 Landshut German - 5 200 3,831.81   65039/09 20/11/2009   Claudia MANGAJ 15/07/1969 Bensheim

cannot be seen as dispositive, as an independent and impartial tribunal within the meaning of Article 6 § 1 exhibits other essential characteristics – such as the guarantees of judicial procedure (see Benthem

A similar position had previously been adopted by the Inter-American Court of Human Rights (see, for example, Cantoral Benavides v.

  Court H.R., König judgment of 28 June 1978, Series A no. 27; Benthem judgment of 23 October 1985, Series A no. 97).

Article 6 § 1 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.

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