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

THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.

H furthermore testified that the transaction had moved fast and everything had been prepared at MP bank.

    The applicants relied on Article 6 § 1 of the Convention to claim a violation of their right to a fair hearing, arguing that the reasoning of the court’s judgments was contradictory, and

Given that the Kyiv Court of Appeal had jurisdiction to review the case both as to the facts and as to the law (see Luchaninova v.

THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.

The fact that its managing director had been made aware in his personal capacity of the bankruptcy proceedings was of no relevance as far as the validity or the necessity of the notification procedure

It is true that he mainly challenged the fact that he had not exceeded the speed limit.

His subsequent conviction by the Court of Appeal could not therefore have taken place, as a matter of fair trial, in the absence of a fully-fledged hearing with his participation.

    The facts of the case may be summarised as follows. 5.

THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1965 and lives in Ștefan-Vodă. 6.

However, had he presented these facts to the domestic courts, they would have had to determine if, in withdrawing his action, he had acted in good faith.

Pirić, a lawyer practising in the same town; the decision to give notice of the complaint concerning the applicant’s right to a fair hearing to the Serbian Government (“the Government”), represented by

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

CETAT36-07-12 FONCTIONNAIRES ET AGENTS PUBLICS - STATUTS, DROITS, OBLIGATIONS ET GARANTIES - RESPONSABILITE DES FONCTIONNAIRES ENVERS L'ADMINISTRATION -Faute personnelle ou faute de service.

. - FAUTE DE LA VICTIME..* FAUTE DE LA VICTIME EXONERANT TOTALEMENT LA COLLECTIVITE RESPONSABLE D'UN DEFAUT D'ENTRETIEN NORMAL.

CETAT36-07-12 FONCTIONNAIRES ET AGENTS PUBLICS - STATUTS, DROITS, OBLIGATIONS ET GARANTIES - RESPONSABILITE DES FONCTIONNAIRES ENVERS L'ADMINISTRATION -Faute personnelle et faute de service.

soins desdites personnes morales ; qu'il résulte de ces dispositions législatives que la responsabilité du département, dont relève le service de l'aide sociale à l'enfance, est engagée, même sans faute

de gestion qu'elle aurait commises en tant que dirigeante de fait. 8.