CASE COMMENTS : PROCEDURE – REASONABLE TIME – ARTICLE 6 ECHR – OBLIGATION OF DILIGENCE OF COMPANIES CONCERNING THE PRESERVATION OF EVIDENCE

Article 6 echr : The Paris Court of Appeal rules that the “reasonable time” principle was not breached in the historical monuments case and specifies the companies’ obligation concerning the preservation of evidence (Chevalier Nord)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By judgment of 11 October 2012 in the Historic Monuments Case (see Dec. No. 11-D-02 of 26 January 2011 on practices implemented in the restoration of historical monuments), the Paris Court of Appeal upheld the high standard of proof required to establish a violation of the principle of reasonable time guaranteed by Article 6 of the ECHR. By dismissing all the arguments put forward by the undertakings on the grounds of the excessive length of the proceedings, the Court strictly applied the requirement of personal, effective and irremediable impairment of the rights of the defence which must be established in order to punish the breach of the reasonable

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, Article 6 echr : The Paris Court of Appeal rules that the “reasonable time” principle was not breached in the historical monuments case and specifies the companies’ obligation concerning the preservation of evidence (Chevalier Nord) , 11 October 2012, Concurrences N° 1-2013, Art. N° 50728, pp. 180-182

Visites 309

All reviews