SAN LEONARD BAND CLUB v. MALTA - 77562/01 [2004] ECHR 411 (29 July 2004)

SAN LEONARD BAND CLUB v. MALTA - 77562/01 [2004] ECHR 411 (29 July 2004)

The same judges who previously decided the merits of the case were called upon to determine whether their own application of the law was correct, raising objectively justified doubts about impartiality and breaching Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2004] ECHR 411
Parties
Applicant: San Leonard Band Club; Respondent: Maltese Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment
Outcome
Violation of Article 6 § 1 found; no monetary award granted.
Legal Topics
Impartiality of Tribunal, Right to Fair Trial, Retrial Proceedings
Human Rights Law Civil Procedure Impartiality of Tribunal Right to Fair Trial Retrial Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

San Leonard Band Club

Applicant

Maltese Government

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment

  1. 1 Whether the bench of the Court of Appeal deciding on the admissibility of a retrial request was an impartial tribunal under Article 6 § 1 of the Convention

Ratio Decidendi

The same judges who previously decided the merits of the case were called upon to determine whether their own application of the law was correct, raising objectively justified doubts about impartiality and breaching Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 found; no monetary award granted.

Orders

  • Applicant to be granted a retrial by an independent and impartial tribunal.