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European Observer on fundamental right's respect

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Case Law 688/2009; 689/2009 (11/06/2009)

Type: Judgment

Authority: National Courts: Supreme Courts (France) - Cour de Cassation

Date: 06/11/2009

Subject: The Court deems incompatible with art. 6 of the ECHR the former jurisprudential guideline, which charged the doctor only of the obligation to use a certain degree of diligence and not to achieve a certain result, and states that the application to previous facts of a new jurisprudential interpretation is not a violation of the right to a fair trial.

Original language: French

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing

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