EDIZIONI DEL ROMA SOCIETA COOPERATIVA A.R.L. AND EDIZIONI DEL ROMA S.R.L. v. ITALY - 68954/13 (Judgment : No Right to a fair trial : First Section) French Text [2020] ECHR 880 (10 December 2020)

EDIZIONI DEL ROMA SOCIETA COOPERATIVA A.R.L. AND EDIZIONI DEL ROMA S.R.L. v. ITALY - 68954/13 (Judgment : No Right to a fair trial : First Section) French Text [2020] ECHR 880 (10 December 2020)

Although the AGCOM procedure did not fully comply with Article 6 requirements regarding equality of arms and public hearing, the subsequent judicial review by the Regional Administrative Tribunal and the Council of State provided access to tribunals of full jurisdiction, ensuring compliance with Article 6 § 1.

Source-derived case information.

Citation
[2020] ECHR 880
Parties
Applicant: Edizioni Del Roma Società Cooperativa A. R. L.; Applicant: Edizioni Del Roma S. R. L.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
No violation of Article 6 § 1 of the Convention
Legal Topics
Right to a Fair Trial, Impartiality of Administrative Authorities, Judicial Review of Administrative Sanctions, Public Hearing Requirement
Human Rights Administrative Law Telecommunications Law Right to a Fair Trial Impartiality of Administrative Authorities Judicial Review of Administrative Sanctions Public Hearing Requirement

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Parties

Edizioni Del Roma Società Cooperativa A. R. L.

Applicant

Edizioni Del Roma S. R. L.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the procedure before AGCOM satisfied the requirements of Article 6 § 1 of the European Convention on Human Rights
  2. 2 Whether AGCOM was an independent and impartial tribunal
  3. 3 Whether applicants had access to a tribunal of full jurisdiction

Ratio Decidendi

Although the AGCOM procedure did not fully comply with Article 6 requirements regarding equality of arms and public hearing, the subsequent judicial review by the Regional Administrative Tribunal and the Council of State provided access to tribunals of full jurisdiction, ensuring compliance with Article 6 § 1.

Court Disposition

No violation of Article 6 § 1 of the Convention

Orders

  • Requests joined
  • Requests declared admissible