The Government maintain however that the guards, who were acting on sanitary and traffic considerations, merely requested the vendors to move to a nearby market-place.

The Court heard addresses by Mr Weitzel, Mr Fiebinger and Mr Cede.   AS TO THE FACTS   I.    CIRCUMSTANCES OF THE CASE   6.

    The applicant and the Government each filed observations on the merits. 8.

The first applicant had not gone under ground but had stayed at a permanent address that was known to the authorities all the time.

The Court heard addresses by Mrs. van der Wal and Mr. Droogleever Fortuijn for the Government, by Mr. Frowein for the Commission and by Mr.

The Court heard addresses by Sir Michael Havers for the Government, by Mr. Nørgaard for the Commission and by Mr. Ross-Munro for the applicant, as well as their replies to its questions. 11.

These documents, they argue, merit greater protection than, for instance, expert reports or minutes of parliamentary committees.

However, the underlying refusal in Hill’s case to recognise a duty of care when the police merely exercise their public functions was upheld.

    Merits 1.     The parties’ arguments 31.

An ethnic group, moreover, is merely a group which is differentiated on grounds of race ... and a rite is merely a custom or ceremony. ...

It found that in its decision of 27 January 2009 the Samara Town Administration had merely suggested that the applicant should change the location and time of the picket rather than imposed a ban on it

    The prison personnel continued to address the applicant’s complaints whenever he had any.

Article 126 § 4 of the CCP did not exclude a challenge for bias, except when it was merely argued with the fact that the expert had been appointed previously in the preliminary proceedings.

    Merits 1.     Existence of interference 46.

According to their findings, the applicant did not need surgical treatment or radiotherapy, merely requiring supervision by a neurologist and correct anticonvulsive medication. 56.

    The applicant and the Government each filed further observations on the merits (Rule 59 § 1).

It also decided to rule on the admissibility and merits of the application at the same time (former Article 29 § 3). 5.

    Merits 1.     General principles 63.

    The applicant and the Government each filed further observations (Rule 59 § 1) on the merits. 9.