However, if a mistake was caused by the authorities themselves, without any fault by a third party, a different proportionality approach had to be taken in determining whether the burden borne by the recipient

in theory, they are not so in practice, concerning arguable complaints in respect of the rent laws in place, which, though lawful and pursuing legitimate objectives, impose an excessive individual burden

The burden of proof that the third person who derived his right from untrue record in the Land Register of his predecessor is on the plaintiff since good faith is presumed.”

The procedure was intended to be simple and speedy and did not place an undue evidential burden on the inmate as the court was required to establish the facts of its own motion by resorting to all possible

the requisite fair balance between the demands of the general interest and the requirements of the protection of the applicants’ right of property, and did it impose a disproportionate and excessive burden

District Police Departments complied with the request, and the others refused it on the ground that they did not dispose of the information and that collecting such data would put a disproportionate burden

Accordingly, the interference in question, which had not been accompanied by any compensation and had entailed an additional burden on the applicant, had been manifestly disproportionate to the legitimate

An applicant who alleged that their extradition would expose them to a risk of a sentence that would constitute inhuman or degrading punishment bore the burden of proving the reality of that risk.

Therefore, no responsibility on behalf of the State was established, and the State avoided any consequences of its own error with the burden being placed on the applicant only.

[S], notaire, et de la SCP notariale GILLES, CEYRAC, DE BURHEN, MONTES, BIGOT, GUICHARD, LUCAS (les notaires) pour manquement à leur devoir de conseil et défaut d'efficacité de l'acte au motif qu'il n'y

As to the requirement for promptness, the Court reiterated that the obligations under Article   2 had to be interpreted in a way which did not impose an impossible or disproportionate burden on the

xa0; whether the sanction imposed in the proceedings which became final first was taken into account in those which became final last, so as to prevent the individual concerned bearing an excessive burden

The burden of proof required in this matter had been the normal burden of proof required in civil matters and there was no indication that it had been incompatible with the requirements of the Convention

In outline submissions, the applicant submitted that jury service was a burden as jurors were required to abandon their work in order to attend court hearings regularly; moreover, it imposed a moral burden

In the Court’s view the Supreme Court had interpreted the relevant procedural rules on the value of the subject matter in an excessively formalistic manner thus placing the burden of the lower courts’

Did this decision impose a disproportionate and excessive burden on the applicant?

In particular, did the deprivation of property impose an excessive individual burden on the applicants on account of the amount awarded to them as expropriation compensation (see Preite v.

Did that interference impose an excessive individual burden on the applicants, on account of the construction of buildings blocking the view of their property despite the annulment of the urban plan allowing