SUKYO MAHIKARI v. FRANCE - 41729/092 - Admissibility Decision [2012] ECHR 550 (French Text) (08 January 2013)

SUKYO MAHIKARI v. FRANCE - 41729/092 - Admissibility Decision [2012] ECHR 550 (French Text) (08 January 2013)

The Court found that the taxation of manual donations did not have such an impact on the applicant's resources as to interfere with its freedom of religion under Article 9. The discrimination claim under Article 14 was inadmissible due to failure to exhaust domestic remedies, as it was not raised in time before the...

Source-derived case information.

Citation
[2012] ECHR 550 (French Text)
Parties
Applicant: Sukyo Mahikari France; Respondent: France
Jurisdiction
European Union
Procedural Posture
Admissibility Decision / Application Before the European Court of Human Rights, Admissibility Stage
Outcome
application declared inadmissible
Legal Topics
Freedom of Religion, Taxation of Religious Associations, Discrimination, Admissibility of Applications, Exhaustion of Domestic Remedies
Human Rights Law Tax Law Freedom of Religion Taxation of Religious Associations Discrimination Admissibility of Applications Exhaustion of Domestic Remedies

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Parties

Sukyo Mahikari France

Applicant

France

Respondent

Procedural Posture

Admissibility Decision / Application Before the European Court of Human Rights, Admissibility Stage

  1. 1 Whether the taxation of manual donations to the applicant association violated its right to freedom of religion under Article 9 of the Convention
  2. 2 Whether the applicant suffered discrimination on the basis of religion contrary to Article 14 of the Convention
  3. 3 Whether there was a violation of Article 1 of Protocol No. 1 (protection of property)

Ratio Decidendi

The Court found that the taxation of manual donations did not have such an impact on the applicant's resources as to interfere with its freedom of religion under Article 9. The discrimination claim under Article 14 was inadmissible due to failure to exhaust domestic remedies, as it was not raised in time before the Court of Cassation. The property and fair trial claims were also inadmissible for non-exhaustion or manifestly ill-founded.

Court Disposition

application declared inadmissible

Orders

  • The application is declared inadmissible.