CASE COMMENTS : PROCEDURES – SEARCH AND SEIZURE – APPEAL – TRANSITORY REGIME – LME – FAIR TRIAL

Search anr seizure – Fair trial: The Court of Cassation condemns the transitory regime applicable to appeals against search and seizure operations which occurred before the entry in force of the ordinance of 13 th November 2008 for breach of the right to a fair trial (Colas Midi-Méditerranée)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com. June 21, 2011, Colas Midi-Méditerranée, No. 09-67793, "public contracts in the Var department". Life is definitely not a long river of peace for the appeal set up on a transitional basis by Order No. 2008 1161 of 13 November 2008 against the orders for authorisation of visits and seizure prior to its entry into force, which has just come under the wrath of the Court of Cassation after having recently been condemned by the ECHR in the CanalPlus and Primagaz cases (ECHR, 21 December 2010, req. 29408/08 and 29613/08). Disavowing the Paris Court of Appeal (CA Paris, ch. 5-7, June 16, 2009, Colas Méditerranée, Concurrences, n° 3 2009, obs. C. Momège, p.

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Search anr seizure – Fair trial: The Court of Cassation condemns the transitory regime applicable to appeals against search and seizure operations which occurred before the entry in force of the ordinance of 13 th November 2008 for breach of the right to a fair trial (Colas Midi-Méditerranée), 21 June 2011, Concurrences N° 3-2011, Art. N° 38096, pp. 188-189

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