CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 22 juin 2005
- ECLI
- ECLI:CEDH:003-1380508-1441446
- Date
- 22 juin 2005
- Publication
- 22 juin 2005
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS   345 22.6.2005   Press release issued by the Registrar   GRAND CHAMBER HEARING SØRENSEN & RASMUSSEN v. DENMARK   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 22 June 2005 at 9 a.m., in the case of Sørensen & Rasmussen v. Denmark (application nos. 52562/99 and 52620/99).   The applicants   The applications concern whether the existence of closed shop agreements is in compliance with the right to freedom of association.   The applicants, both Danish nationals living in Denmark, are Morten Sørensen, who was born in 1975 and lives in Aarhus and Ove Rasmussen, who was born in 1959 and lives in Haderslev.   Summary of the facts   Sørensen v. Denmark – On 3 June 1999 Mr Sørensen, who was a student about to start at university, began working as a holiday relief worker for the company FDB ( FDB distributionen ). He was dismissed three weeks later for refusing to join the SID, although he was aware at the time of his employment that membership was a condition of employment in the company. He brought proceedings in the High Court of Western Denmark against FDB on the ground that Danish law did not comply with Article   11 (freedom of assembly and association) of the European Convention on Human Rights. He was unsuccessful; on 18   November   1998 the High Court did not find it established that there had been a violation of Article 11. This judgment was upheld on appeal by the Supreme Court on 8   June   1999.   Rasmussen v. Denmark – Mr Rasmussen is a gardener. He was a member of a particular trade union (SID) in the mid-80s. However, as he did not agree with its political affiliations, he resigned from the SID and became a member of the Christian Trade Union. Subsequently, having been unemployed for a while, he was offered a job with his present employer on the condition that he became a member of SID, with which the employer had entered a closed shop agreement. Although he still disagreed with SID’s political views, on 17   May   1999 the applicant became a member and accordingly obtained the job.   Complaint   The applicants complained of a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights.   Procedure   The applications Sørensen v. Denmark and Rasmussen v. Denmark were lodged with the European Court of Human Rights on 7 October 1999 and on 22   September 1999 respectively. They were both declared admissible on 20   March 2003. On 25 November 2004 the Chamber relinquished jurisdiction in favour of the Grand Chamber and the applications were joined in January 2005. Third party observations were submitted by the Danish Confederation of Trade Unions.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Giovanni Bonello (Maltese), Françoise Tulkens (Belgian) Peer Lorenzen (Danish), Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Nina Vajić (Croatian), John Hedigan (Irish), Kristaq Traja (Albanian), Snejana Botoucharova (Bulgarian), Vladimiro Zagrebelsky (Italian), Elisabeth Steiner (Austrian), Khanlar Hajiyev (Azerbaijani), judges , Loukis Loucaides (Cypriot), Anatoli Kovler (Russian), Dean Spielmann (Luxemburger), substitute judges , and also Lawrence Early , Deputy Grand Chamber Registrar .   Representatives of the parties   Government :   Peter Taksøe-Jensen , Agent ,   Nina Holst-Christensen , Co-agent ,   Einar Oest Edelsberg , Dorit Borgaard , David Kendal , Kirsten Weber Olsen , Jacob Rasmussen , Counsel ;   Applicants :   Eigil Lego Andersen , Counsel,   Jens Paulsen , Søren Juul , Asger Bagge Jørgensen , Advisers.   The applicant Morten Sørensen will also attend the hearing.     ***   After the hearing the Court will begin its deliberations, which are held in private.     Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 22 juin 2005
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-1380508-1441446
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