The court emphasised that each case would be fact-sensitive and would fall for consideration on its own merits.

The Court’s assessment (a)    General principles 30.

Pour le surplus, bien qu'ayant exprimé certains doutes à propos du fait que l'Office ne s'était pas interrogé avant le mois de septembre   1997 sur la possibilité de faire établir une expertise plus

    In accordance with the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case

    Principal facts   The applicant, Nikolai Ivanov Dodov, is a Bulgarian national who was born in 1961 and lives in Sofia.

      (3) An attempt is punishable."

THE FACTS 9.     The facts of the case may be summarised as follows. 10.

As one of the conditions of good faith is lacking, the defendant cannot be considered to have acted in good faith and there is no need to examine the other aspects of good faith.

    Accordingly, having regard that the applicant received a suspended sentence for an offence punishable by up to five years’ imprisonment (see paragraphs 10 and 16 above), the fact that in

THE FACTS 1.     The first applicant (Mr Gushchin) was born in 1988 and lives in Khimki in the Moscow Region.

    The general principles 67.

où l'administration a confirmé le principe de l'exonération de plus-value ; que la Cour de cassation considère que constitue une faute pour le notaire le fait d'imposer son diktat sans informer un vendeur

The applicants defended themselves on the basis that this was a value judgment, a conclusion which they drew in good faith from the facts that resulted to them after having searched the website of the

    The facts of the case, as submitted by the parties, may be summarised as follows. 13.

Holocaust, that he had not even mentioned or indirectly referred to the Holocaust, and that the Judenstern was not to be equated with the systematic extermination of Jews in Nazi Germany but was in fact

  According to Section 63 (2) No. 1 of the Food Act a wrong indication is punishable only if it runs counter to the indications in the Austrian Food Regulations (Lebensmittelbuch).

THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 7.     The applicant was born in 1964 and lives in Kyiv.

(iii)    Necessary in a democratic society (α)      General principles 71.

Moreover, the courts had not properly established the facts and the files had been manipulated.

    The applicant appealed against the decision and drew the Court of Cassation's attention to the fact that he had not been convicted of any offence by the Istanbul Assize Court, which in fact