BIO FARMLAND BETRIEBS S.R.L. v. ROMANIA - 43639/17 (Judgment : Right to a fair trial : Fourth Section) French Text [2021] ECHR 637 (13 July 2021)

BIO FARMLAND BETRIEBS S.R.L. v. ROMANIA - 43639/17 (Judgment : Right to a fair trial : Fourth Section) French Text [2021] ECHR 637 (13 July 2021)

The Court found a violation of Article 6 § 1 ECHR because the appellate court failed to provide adequate reasons for refusing to refer the applicant's questions to the CJEU, as required by the Cilfit criteria and ECHR jurisprudence. The mere mention that the reference was unnecessary did not constitute sufficient...

Source-derived case information.

Citation
[2021] ECHR 637
Parties
Applicant: Bio Farmland Betriebs S. R. L.; Respondent: Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Judicial Motivation, Preliminary Reference to CJEU, Agro Environmental Subsidies, Sanctions in EU Agricultural Law
Human Rights Law European Union Law Administrative Law Right to a Fair Trial Judicial Motivation Preliminary Reference to CJEU Agro Environmental Subsidies Sanctions in EU Agricultural Law

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Parties

Bio Farmland Betriebs S. R. L.

Applicant

Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the refusal by the national court to refer questions to the CJEU without adequate reasoning violated Article 6 § 1 ECHR (right to a fair trial)

Ratio Decidendi

The Court found a violation of Article 6 § 1 ECHR because the appellate court failed to provide adequate reasons for refusing to refer the applicant's questions to the CJEU, as required by the Cilfit criteria and ECHR jurisprudence. The mere mention that the reference was unnecessary did not constitute sufficient reasoning.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded.

Orders

  • Romania to pay the applicant EUR 1,500 for non-pecuniary damage.
  • Romania to pay the applicant EUR 5,000 for costs and expenses.