ADORISIO AND OTHERS v. THE NETHERLANDS - 47315/13 48490/13 49016/13 - Chamber Judgment [2015] ECHR 441 (17 March 2015)

ADORISIO AND OTHERS v. THE NETHERLANDS - 47315/13 48490/13 49016/13 - Chamber Judgment [2015] ECHR 441 (17 March 2015)

The Court found that, given the urgent need to protect the financial system, the expedited procedure and short time-limits did not render the proceedings unfair. The applicants were able to access the court, present arguments, and submit documents. The redaction of sensitive financial information from expert reports...

Source-derived case information.

Citation
[2015] ECHR 441
Parties
Applicants: Attilio Malatesta and Others; Respondent: The Government of the Netherlands
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility
Outcome
Applications declared inadmissible as manifestly ill-founded.
Legal Topics
Right to a Fair Trial, Expropriation, State Aid, Judicial Procedure, Equality of Arms
Human Rights Law Administrative Law Banking and Finance Law Right to a Fair Trial Expropriation State Aid Judicial Procedure Equality of Arms

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Parties

Attilio Malatesta and Others

Applicants

The Government of the Netherlands

Respondent

Procedural Posture

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

  1. 1 Whether the expedited procedure under the Intervention Act violated Article 6 § 1 of the Convention (right to a fair hearing) due to short time-limits for appeal and limited access to evidence.

Ratio Decidendi

The Court found that, given the urgent need to protect the financial system, the expedited procedure and short time-limits did not render the proceedings unfair. The applicants were able to access the court, present arguments, and submit documents. The redaction of sensitive financial information from expert reports was justified and adequately counterbalanced by judicial review. There was no violation of Article 6 § 1.

Court Disposition

Applications declared inadmissible as manifestly ill-founded.