Nicole and Sebastian DITZ v Germany - 29056/06 [2009] ECHR 999 (2 June 2009)

Nicole and Sebastian DITZ v Germany - 29056/06 [2009] ECHR 999 (2 June 2009)

The application was manifestly ill-founded because the domestic courts addressed all relevant arguments, provided sufficient reasoning, and the absence of an oral hearing at the appellate stage was justified given the circumstances. There was no appearance of a violation of Article 6 § 1 of the Convention.

Citation
[2009] ECHR 999
Parties
Applicant: Nicole Ditz; Applicant: Sebastian Ditz; Respondent: Germany
Jurisdiction
European Union
Judgment Date
02 June 2009
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
application inadmissible
Legal Topics
Right to a Fair Trial, Right to Be Heard, Procedural Fairness, Admissibility of Evidence

Case Brief

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Parties

Nicole Ditz

Applicant

Sebastian Ditz

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Admissibility

  1. 1 Whether the applicants' right to a fair hearing under Article 6 § 1 of the Convention was violated by the domestic courts' handling of their civil claim, including the absence of an oral hearing at the appellate stage and the assessment of evidence.

Ratio Decidendi

The application was manifestly ill-founded because the domestic courts addressed all relevant arguments, provided sufficient reasoning, and the absence of an oral hearing at the appellate stage was justified given the circumstances. There was no appearance of a violation of Article 6 § 1 of the Convention.

Court Disposition

application inadmissible