Damage 1.   Pecuniary damage: not claimed (De Santa); claim dismissed, for lack of causal connection with violation found (Abenavoli and Nicodemo). 2.

Law : Article 6 § 1 – Although the right of access to a court is not absolute and it may be subject to limitations, there are dangers inherent in applying legislation retroactively with the effect of influencing

Law : Article 6(1) – Applicability : The applicants had not suffered any economic or other loss.

    Rules of Court A apply to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound by that Protocol

Kresák as from 1   April   2003. 3.

Therefore, the Court finds that it has not been established that the applicant had any effective remedy at its disposal which would have enabled it to submit its complaint under Article 6 § 1 of the Convention

    The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 4.

Article 41: The Court considered that the applicant had undoubtedly sustained non-pecuniary damage, despite not having submitted any claim in this respect.

    The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5.

    The applicant together with the three children failed to appear at the examinations scheduled for 1 October 1997 as they had not received any notification. 13.

Accordingly, there had been a violation of Article 5 § 1. Article 41 – The Court awarded the applicant 6,000 euros in respect of non-pecuniary damage.

Furthermore, the issue of the applicant’s health had not been taken into consideration by the district court in deciding whether or not to suspend the sentence.

    On 1 April 2006 this case was assigned to the newly constituted Fifth Section (Rule 25 § 5 and Rule 52 § 1). THE FACTS 5.

Article 273 “1.

Non-violation de l'art. 6-1;Non-lieu à examiner l'art. 13

Non-violation de l'art. 6-1;Non-lieu à examiner l'art. 13

Non-violation de l'art. 6-1;Non-lieu à examiner l'art. 13

Non-violation de l'art. 6-1;Non-violation de l'art. 6-3-d

Non-violation de l'art. 6-1;Non-violation de l'art. 6-3-d