Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 01/20/2009

Subject: The Court has deemed as unreceivable the claim of a Dutch association, that complained for not having had the possibility of illustrating a defensive act after the conclusions of the Advocate General in a trial before the European Community’s Court of Justice, concerning the interpretation of a Community law. Since the claimant, according to the Dutch legal system, could still assert its rights in the principal trial, the guarantees of the fair trial were to be considered still intact

Parties: Kokkelvisserij c/ Olanda

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - General provisions - Art. 51 Principle of subsidiarity