LEGROS AND OTHERS v. FRANCE - 72173/17 (Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 876 (09 November 2023)

LEGROS AND OTHERS v. FRANCE - 72173/17 (Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 876 (09 November 2023)

The Court held that the immediate and retroactive application of the new one-year reasonable time limit for challenging administrative decisions, as established by the Conseil d'État in the Czabaj decision, was not sufficiently foreseeable for the applicants whose claims were pending or already introduced before the...

Source-derived case information.

Citation
[2023] ECHR 876
Parties
Applicant: Mikael Legros et autres (voir liste en annexe); Respondent: République française
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits) by the Fifth Section
Outcome
Violation of Article 6 § 1 (right of access to a court) and, in the case of Mr. Legros, violation of Article 1 of Protocol No. 1 (protection of property).
Legal Topics
Right to a Fair Trial, Access to a Court, Legal Certainty, Retroactive Application of Procedural Rules, Reasonable Time for Legal Remedies, Property Rights
Human Rights Law Administrative Law Civil Procedure Right to a Fair Trial Access to a Court Legal Certainty Retroactive Application of Procedural Rules Reasonable Time for Legal Remedies +1 more

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Parties

Mikael Legros et autres (voir liste en annexe)

Applicant

République française

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits) by the Fifth Section

  1. 1 Whether the immediate application of a new one-year reasonable time limit for challenging administrative decisions, as established by the Conseil d'État in the Czabaj decision, violated the applicants' right of access to a court under Article 6 § 1 of the Convention and the principle of legal certainty.
  2. 2 Whether, in the case of Mr. Legros, the application of this new time limit also violated his right to the peaceful enjoyment of possessions under Article 1 of Protocol No. 1.

Ratio Decidendi

The Court held that the immediate and retroactive application of the new one-year reasonable time limit for challenging administrative decisions, as established by the Conseil d'État in the Czabaj decision, was not sufficiently foreseeable for the applicants whose claims were pending or already introduced before the jurisprudential change. This unpredictability, combined with the rejection of their claims as time-barred, constituted a disproportionate restriction on their right of access to a court under Article 6 § 1. In the case of Mr. Legros, the absence of a judicial response on the merits regarding his property claim also breached Article 1 of Protocol No. 1.

Court Disposition

Violation of Article 6 § 1 (right of access to a court) and, in the case of Mr. Legros, violation of Article 1 of Protocol No. 1 (protection of property).

Orders

  • The French State is to pay the applicants just satisfaction (amounts to be determined).
  • The judgment will become final under Article 44 § 2 of the Convention.