CASE COMMENT: PROCEDURES - IMPARTIALITY PRINCIPLE - ARTICLE 6 ECHR
Impartiality principle : The Court of Cassation confirms that the review by the same bench of the Court of Appeal of Paris, to the propriety of the order giving the authorization of the operations of search and seizure and of the validity of the decision on the substance of the competition Authority is contrary to the principle of impartiality under Article 6 of the ECHR (Colas Rail)
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The Commercial Chamber of the Court of Cassation confirmed, at the Court of Cassation, that the in favour of a judgment delivered yesterday, 2 November 2011, this time in the case of Colas Rail concerning the track regeneration works sector that the examination by the same panel of the Paris Court of Appeal, and the lawfulness of the order authorising the visiting operations, and the JLD, and of the merits of the decision on the merits of the case. the Competition Authority, is contrary to the principle of impartiality referred to in Article 6 of the ECHR.
It will be remembered that the same Court of Cassation had already reached the same conclusion in a
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