SOCIETE BOUYGUES CONSTRUCTION AND OTHERS v. FRANCE - 61265/10 - Committee Judgment (French Text) [2015] ECHR 595 (18 June 2015)

SOCIETE BOUYGUES CONSTRUCTION AND OTHERS v. FRANCE - 61265/10 - Committee Judgment (French Text) [2015] ECHR 595 (18 June 2015)

The applicants only had access to a cassation appeal to challenge the regularity and merits of the JLD's order authorizing the searches and seizures, which did not allow for a full judicial review in fact and in law. The remedy before the JLD for the conduct of the operations did not compensate for the lack of...

Source-derived case information.

Citation
[2015] ECHR 595
Parties
Applicant: Société Bouygues Construction; Applicant: GFC Construction; Applicant: Quille; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Committee Judgment
Outcome
Violation found
Legal Topics
Right to a Fair Trial, Judicial Review, Search and Seizure, Effective Remedy
Human Rights Law Civil Procedure Right to a Fair Trial Judicial Review Search and Seizure Effective Remedy

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Parties

Société Bouygues Construction

Applicant

GFC Construction

Applicant

Quille

Applicant

French Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Committee Judgment

  1. 1 Whether the lack of a full judicial review of the order authorizing searches and seizures violated Article 6 § 1 of the Convention

Ratio Decidendi

The applicants only had access to a cassation appeal to challenge the regularity and merits of the JLD's order authorizing the searches and seizures, which did not allow for a full judicial review in fact and in law. The remedy before the JLD for the conduct of the operations did not compensate for the lack of independent review of the authorization order. Therefore, there was a violation of Article 6 § 1 of the Convention.

Court Disposition

Violation found

Orders

  • The application is declared admissible as to the complaint under Article 6 § 1 of the Convention.
  • It is held that there has been a violation of Article 6 § 1 of the Convention.