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European Observer on fundamental right's respect

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Case Law 511/2007 (13/03/2007)

Type: Judgment

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

Date: 03/13/2007

Subject: The Court of Cassation, deciding on the claim against the decision of rejection pronounced on 19 April 2005 by the Court of Appeal of Bordeaux, has rejected the impugnation and stated that – according to French law (artt. 144 and following; art. 184 Civil code; art.423 Code of civil procedure, which ascribes to a public prosecutor the authority to act in defence of public order, and even to contest the validity of civil wedding acts) – a wedding is the union of a man and a woman; and also that such principle is not contradicted by any of the provisions of the ECHR and of the Fundamental Charter of EU, which is not mandatory in France.

Parties: Chapin Stéphane e Charpentier Bertrand c/ Procuratore Generale presso la Corte di Appello di Bordeaux (FRANCIA)

Original language: French

Classification: Freedoms - Art. 9 Right to marry - Right to found a family - Equality - Art. 23 Equality between men and women - General provisions - Art. 51 Scope - Art. 52 Scope of guaranteed rights

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