GHRENASSIA v. LUXEMBOURG - 27160/19 (Judgment : Article 6 - Right to a fair trial : Third Section) French Text [2021] ECHR 1031 (07 December 2021)

GHRENASSIA v. LUXEMBOURG - 27160/19 (Judgment : Article 6 - Right to a fair trial : Third Section) French Text [2021] ECHR 1031 (07 December 2021)

The Court found that the Luxembourg Court of Cassation failed to provide adequate reasoning for treating the applicant's plea as comprising four distinct grounds, resulting in excessive formalism that was not justified or foreseeable. This lack of explanation, particularly in a technical area without a specialized...

Source-derived case information.

Citation
[2021] ECHR 1031
Parties
Applicant: Gaston Ghrenassia; Respondent: Grand-Duché de Luxembourg
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 6 § 1 ECHR found; partial award for non-pecuniary damage; other claims rejected.
Legal Topics
Right to a Fair Trial, Access to Court, Procedural Formalism, Article 6 ECHR
Human Rights Civil Procedure Right to a Fair Trial Access to Court Procedural Formalism Article 6 ECHR

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 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gaston Ghrenassia

Applicant

Grand-Duché de Luxembourg

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicant's right of access to a court under Article 6 § 1 of the Convention was violated by the Luxembourg Court of Cassation's strict application of procedural rules resulting in the inadmissibility of his cassation plea.

Ratio Decidendi

The Court found that the Luxembourg Court of Cassation failed to provide adequate reasoning for treating the applicant's plea as comprising four distinct grounds, resulting in excessive formalism that was not justified or foreseeable. This lack of explanation, particularly in a technical area without a specialized bar, meant the restriction on access to the court was disproportionate and violated Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 ECHR found; partial award for non-pecuniary damage; other claims rejected.

Orders

  • The respondent State must pay the applicant 12,000 EUR for non-pecuniary damage within three months, plus any applicable tax.
  • After three months, interest will accrue at the marginal lending facility rate of the European Central Bank plus three percentage points.