AZOVTSEV AND TRIFONOV v. RUSSIA - 13887/05 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2018] ECHR 820 (09 October 2018)

AZOVTSEV AND TRIFONOV v. RUSSIA - 13887/05 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2018] ECHR 820 (09 October 2018)

The absence of a system for notifying parties of finalized judicial decisions prevented the applicant from appealing, constituting a violation of Article 6 § 1 ECHR regarding access to a tribunal.

Source-derived case information.

Citation
[2018] ECHR 820
Parties
Applicant: Yevgeniy Vitalyevich Azovtsev; Applicant: Vasiliy Mikhaylovich Trifonov; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Application of Azovtsev struck out; Trifonov's application allowed; violation of Article 6 § 1 found.
Legal Topics
Right to a Fair Trial, Access to Court, Equality of Arms
Human Rights Civil Procedure Right to a Fair Trial Access to Court Equality of Arms

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Parties

Yevgeniy Vitalyevich Azovtsev

Applicant

Vasiliy Mikhaylovich Trifonov

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 whether the applicant's right of access to a tribunal was violated under Article 6 § 1 ECHR
  2. 2 whether the principle of equality of arms was breached

Ratio Decidendi

The absence of a system for notifying parties of finalized judicial decisions prevented the applicant from appealing, constituting a violation of Article 6 § 1 ECHR regarding access to a tribunal.

Court Disposition

Application of Azovtsev struck out; Trifonov's application allowed; violation of Article 6 § 1 found.

Orders

  • Strike out Azovtsev's application.
  • Declare Trifonov's application admissible.