On November 2, 2011, the French Court of Cassation found that the Court of Appeal of Paris committed an error of law and infringed Article 6 of the European Convention of Human Rights (ECHR). One more time, the transitory provisions adopted by the French legislator to respect the European Court of Human Rights ruling in the Ravon Case were at stake. Within the framework of an inquiry in the railroads sector in France, it was proceeded to inspections and inquiries in many firms’ headquarters, such as those of the firm Colas Rail. Given the evidence found during these inspections and inquiries, allowed by the Juge
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The French Civil Supreme Court confirms that the same panel of judges cannot assess both the lawfulness of court orders authorizing the search of premises and seizure of documents and the legitimacy of the Competition Authority decision, without infringing the right to a fair trial under art. 6 of the ECHR (Colas Rail)
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