DIEUDONNE AND OTHERS v. FRANCE - 59832/19 (Judgment : No Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 380 (04 May 2023)

DIEUDONNE AND OTHERS v. FRANCE - 59832/19 (Judgment : No Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 380 (04 May 2023)

The exclusion of minority co-owners from individual appeal or opposition in expropriation indemnity proceedings does not violate Article 6 § 1 where their interests are represented by the syndicate, and an abuse of majority remedy is available. The applicants had indirect access to judicial review and potential...

Source-derived case information.

Citation
[2023] ECHR 380
Parties
Applicant: Beatrice Dieudonné; Applicant: Grégory Bazin; Applicant: Luc Terrolle; Applicant: Beatrice Dias; Applicant: Marguerite Courlet; Applicant: Yves Gimenez; Applicant: Fabienne Tardy; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
No violation of Article 6 § 1 of the Convention
Legal Topics
Right to a Fair Trial, Access to a Court, Expropriation, Collective Representation, Abuse of Majority, Indemnity Determination
Human Rights Law Property Law Civil Procedure Right to a Fair Trial Access to a Court Expropriation Collective Representation Abuse of Majority +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Beatrice Dieudonné

Applicant

Grégory Bazin

Applicant

Luc Terrolle

Applicant

Beatrice Dias

Applicant

Marguerite Courlet

Applicant

Yves Gimenez

Applicant

Fabienne Tardy

Applicant

French Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the inability of minority co-owners to appeal the expropriation indemnity judgment violated Article 6 § 1 of the Convention
  2. 2 Whether collective representation by the syndicate of co-owners suffices for access to a tribunal
  3. 3 Whether a remedy for abuse of majority constitutes an effective alternative

Ratio Decidendi

The exclusion of minority co-owners from individual appeal or opposition in expropriation indemnity proceedings does not violate Article 6 § 1 where their interests are represented by the syndicate, and an abuse of majority remedy is available. The applicants had indirect access to judicial review and potential compensation, and the procedural limitations were proportionate to the legitimate aim of efficient justice administration.

Court Disposition

No violation of Article 6 § 1 of the Convention

Orders

  • Requests joined
  • Applications declared admissible