CASE COMMENTS: PROCEDURES – APPEAL AGAINST SEARCH AND SEIZURE OPERATIONS – TRANSITORY REGIME – ORDINANCE OF 13 NOVEMBER 2008 – FAIR TRIAL

Appeal against search and seizure operations: The Court of Cassation confirms that the transitory regime providing for an appeal on law and fact against the decisions authorising search and seizure operations before the chamber of the Court of Appeal of Paris which also rules on the decision on the merits of the case breaches the right to a fair trial (Veolia Transport, Keolis, Transdev, Colas rail)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, November 15, 2011, Veolia Transport, Keolis, Transdev, n° 10-20527, 10-20851 and 10-20881 Cass. com, November 2, 2011, Colas rail, n° 10-21103 In two judgments dated 2 November and 15 November 2011, the Court of Cassation had the opportunity to confirm the incompatibility

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Appeal against search and seizure operations: The Court of Cassation confirms that the transitory regime providing for an appeal on law and fact against the decisions authorising search and seizure operations before the chamber of the Court of Appeal of Paris which also rules on the decision on the merits of the case breaches the right to a fair trial (Veolia Transport, Keolis, Transdev, Colas rail), 16 February 2012, Concurrences N° 1-2012, Art. N° 42318, p. 192

Visites 346

All reviews