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Case Law 19638/04 (06/03/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - High Court

Date: 03/06/2007

Subject: The claimant states that all or some of the norms of art. 85 of the Bankruptcy Act 1988 are in contrast with the Constitution or the European Convention of Human Rights (ECHR). In particular, according to the claimant, art. 85 is not compatible with the Constitution and the ECHR where, although it provides for the possibility that a bankruptcy can be concluded if it has been declared over 12 years before, it subjects such possibility to the condition that all the expenses, the bankruptcy’s costs and the unsecured credits have been entirely paid, regardless of the circumstances that caused the bankruptcy and the sums still unpaid. Art. 85 violates the principle of the reasonable duration of the proceeding guaranteed by art. 40, par. 3, of the Constitution and artt. 6.1 and 13 of the European Convention of Human Rights. The Court has excluded that the claimant was legitimated to raise the question of constitutional legitimacy and has rejected the question of illegitimacy of art. 85 of the Bankruptcy Act 1988, with regard to art. 6 of the ECHR.

Parties: Patrick Grace Plaintiff c/ Ireland and the Attorney General

Original language: English

Classification: Justice - Art. 47 Fair trial, public hearing

Text download English