CEDH · PRESS;HEARINGS;ENG — 28 novembre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     604   28.11.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF YVON v. FRANCE   Thursday 28 November 2002 at 9.30 a.m.   The applicant   The case concerns an application (no. 44962/98) brought by Louis Yvon, a French national born in 1934 and living in Saintes.   Summary of the facts   The applicant owned 21 hectares of land, on which he had farm buildings and a house. His property was expropriated in the public interest in order to build the Saintes south-western bypass. As the parties could not agree on the amount of expropriation compensation, an application was made to the expropriations judge in September 1994. The applicant, who disagreed with the judge’s calculation of the expropriation compensation, appealed against his decision and requested the Head of the Revenue (acting as Government Commissioner in the proceedings) to provide him with copies of the documents referred to in his pleadings. His request was refused on the ground that tax officials were bound by a duty of professional confidentiality.   In his capacity as Government Commissioner, the Head of the Revenue lodged a cross-appeal and determined the relevant compensation at a lower amount than that previously established. According to the Government, the Registrar of the Expropriations Division served the statement of appeal on the parties. The Expropriations Division of the Poitiers Court of Appeal dismissed the applicant’s objection that the Head of the Revenue performed a dual function, being both the expropriator’s representative and Government Commissioner. The applicant appealed to the Court of Cassation, which dismissed his appeal in a judgment of 8   April 1998.   Complaint   The applicant complains, under Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, of the fact that the Government Commissioner is not obliged to communicate his pleadings to the other party. He also contends that the fact that the Commissioner addressed the court last put him at a disadvantage, given the latter’s role in determining the expropriation compensation. He submits, lastly, that the dual function performed by the Head of the Revenue in the proceedings accentuates the imbalance between the parties to the dispute.       Procedure   The application was lodged with the European Commission of Human Rights on 7 October 1998 and transmitted to the Court on 1 November 1998. It was declared admissible on 19 September 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Ireneu Cabral Barreto (Portuguese), Jean-Paul Costa (French), Lucius Caflisch (Swiss), John Hedigan (Irish), Hanne Sophie Greve (Norwegian), Kristaq Traja (Albanian), judges , Pranas Kūris (Lithuanian), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (Macedonian), substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   Antoine   Buchet , Agent ,   Philippe Bourreau , Claire d’Urso and Frédéric   Amegadjie , Counsel ,   Applicant:   Dominique Musso , Catherine Musso and Jean-Marie   Pouilhe , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex 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 in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.