FRUBONA COOPERATIVA FRUTTICOLTORI BOLZANO-NALLES S.C.A. AND OTHERS v. ITALY - 4180/08 (Judgment : Violation of Right to a fair trial - Civil proceedings - Fair hearing) French Text [2017] ECHR 1112 (07 December 2017)

FRUBONA COOPERATIVA FRUTTICOLTORI BOLZANO-NALLES S.C.A. AND OTHERS v. ITALY - 4180/08 (Judgment : Violation of Right to a fair trial - Civil proceedings - Fair hearing) French Text [2017] ECHR 1112 (07 December 2017)

The Court found that the adoption of Law No. 326/2003 constituted legislative interference in ongoing judicial proceedings, violating the applicants' right to a fair trial under Article 6 § 1 of the Convention, and awarded compensation for material and moral damages as well as costs.

Source-derived case information.

Citation
[2017] ECHR 1112
Parties
Applicant: FRUBONA COOPERATIVA FRUTTICOLTORI BOLZANO-NALLES S. C. A. et autres; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Civil / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Judicial Interference, Retroactive Legislation, Social Security Contributions
Human Rights Civil Procedure Right to a Fair Trial Judicial Interference Retroactive Legislation Social Security Contributions

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Parties

FRUBONA COOPERATIVA FRUTTICOLTORI BOLZANO-NALLES S. C. A. et autres

Applicant

Republic of Italy

Respondent

Procedural Posture

Civil / Final Judgment

  1. 1 Whether the adoption of Law No. 326/2003 constituted legislative interference in pending judicial proceedings in violation of Article 6 § 1 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the adoption of Law No. 326/2003 constituted legislative interference in ongoing judicial proceedings, violating the applicants' right to a fair trial under Article 6 § 1 of the Convention, and awarded compensation for material and moral damages as well as costs.

Court Disposition

violation found

Orders

  • Requests joined and declared receivable.
  • Violation of Article 6 § 1 found.