The applicant complains that the Court of Appeal shifted the burden of proof to him in stating that he had not explained his part in the bookkeeping ambiguities.

Moreover, the burden of jury service was not equitably distributed; in 1997 the list of jurors represented only 3.4% of the list of voters.

As regards the courts’ obligation to proceed speedily, the applicant underlined that it was also applicable to preliminary investigations and aimed at relieving an offender of an additional burden.

border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s29100277 { font-family:Arial; font-weight:bold }   THIRD SECTION DECISION Application no. 10565/16 Nikolay Yuryevich BURTSEV

respect even exoneration from criminal responsibility does not, as such, preclude the establishment of civil or other forms of liability arising out of the same facts on the basis of a less strict burden

COMPLAINTS The applicant complains under Article 6 § 1 of the Convention that the domestic authorities imposed on him an impossible burden of proof and acted in excessive formalism when dismissing his

  1 to the Convention that he had borne an excessive burden by making public contributions in a situation where the law was unclear and ought to have been interpreted in his favour. 9.

and delayed implementing the relevant decisions, restitution of property in natura became impossible, he was deprived of property, and left with an incommensurate compensation, making him bear the burden

  689/1981, the domestic courts shifted the burden of proof on the defence and failed to duly assess and establish a mental link between the applicant’s conduct and the offence committed.

In this context, the legitimate interests of the community called for a fair distribution of the social and financial burden involved in the transformation and reform of the country’s housing supply.

Also, in clear contradiction with the terms of Article 13 of the Hague Convention, the President of the District Court had reversed the burden of proof in requiring the applicant to “establish”  

In those circumstances, the Court considered that the burden of proof regarding the missing or damaged items had rested with the judicial authorities, which had been responsible for looking after them

[Z] [S] et Mme [I] [S] née [U] de procéder à la restitution du véhicule camping car de marque Burstner immatriculé [Immatriculation 6] objet du contrat de crédit affecté souscrit auprès de la Sa Financo

He claims, in particular, that the deprivation was unlawful and arbitrary, that it pursued no public interest, was not proportionate and put an excessive burden on him as he was deprived of compensation

Vu l'article 17-2 de la Convention de Genève du 19 mai 1956, relative au contrat de transport international de marchandises par route, dite CMR ; Attendu, selon l'arrêt attaqué, que la société Burstner

He also complained that the measure had imposed an excessive individual burden on him, in breach of Article   1 of Protocol No.   1 to the Convention. QUESTIONS TO THE PARTIES 1.

Once a credible and reasonably detailed description of the allegedly degrading conditions of detention, constituting a prima facie case of ill-treatment, has been made, the burden of proof is shifted to

In particular, the applicants complain, under Article 6 § 1 of the Convention, of the excessive burden of proof as to the ownership and origin of the assets, of the use of presumptions and that the courts

The Polish Constitutional Court found that the rent-control scheme under both the   1994   Act and the 2001 Act was unconstitutional and that it had placed a disproportionate and excessive burden