CEDH · PRESS;HEARINGS;ENG — 18 novembre 1998

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sEA5CB6F2 { font-family:Arial; font-weight:bold; color:#000080 } .s29100277 { font-family:Arial; font-weight:bold } .sB9D5CABB { width:28.35pt; display:inline-block } .sF96E073 { width:340.2pt; display:inline-block } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s1E9782FA { width:361.5pt; display:inline-block } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s42A0AEC7 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-after:avoid; font-size:12pt } .s76CF415B { page-break-before:always; clear:both } .s23A41E03 { width:36pt; display:inline-block } .s5F724AB2 { width:74.08pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sFFC907CB { width:85.39pt; display:inline-block } .s5D9FF69 { width:36.72pt; display:inline-block } .s1A61B262 { width:75.41pt; display:inline-block } .s5265994C { width:77.39pt; display:inline-block } .sBCC8F9DD { width:98.07pt; display:inline-block } .sB64BE32E { width:98.76pt; display:inline-block } .sA5198885 { width:79.39pt; display:inline-block } .s734C24D1 { width:68.73pt; display:inline-block } .sA20B0758 { width:80.75pt; display:inline-block } .sC27A45A { width:49.39pt; display:inline-block } .s47C30378 { width:72.04pt; display:inline-block } .s4048A210 { width:93.41pt; display:inline-block } .sB2955818 { width:56.68pt; display:inline-block } .sF873DB6B { width:100.06pt; display:inline-block } .s2F135174 { width:99.41pt; display:inline-block } .s604B8E3C { width:42.05pt; display:inline-block } .sF529AC64 { width:82.08pt; display:inline-block } .s54D642A5 { width:94.08pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sADADF4A7 { font-family:Arial; text-decoration:underline } EUROPEAN COURT OF HUMAN RIGHTS       754     18.11.1998   Press release issued by the Registrar   HEARING IN THE CASE OF GARCÍA RUIZ v.   SPAIN   Wednesday, 18 November 1998 at 3 p.m.     The applicant     The case concerns an application brought by a Spanish national, Mr Faustino-Francisco García Ruiz, who was born in 1941 and lives in Alcorcón (Madrid), Spain. The applicant is a lawyer.   Summary of the facts     Having lost his case at first instance in an action against M., a client, for the recovery of fees owed to him for certain non-contentious services performed in the context of enforcement proceedings before Judge no. 19 of the Madrid Court of First Instance, the applicant appealed to the Madrid Audiencia Provincial . The first instance court had held that he had not proved that he had performed the services in question.     His appeal was dismissed on 17 March 1995. The Audiencia Provincial ruled in its judgment that there was no proof that the applicant had acted as counsel in the enforcement proceedings before Judge no. 19 of the Madrid Court of First Instance, “although he [might] have carried out non-contentious work”.     Relying in particular on Article 24 of the Spanish Constitution, the applicant then lodged an appeal de amparo with the Constitutional Court arguing that the judgment of the Audiencia Provincial gave no reply whatsoever to his arguments. In his appeal the applicant emphasised that he had indeed not acted as counsel in the enforcement proceedings before Judge no. 19 of the Madrid Court of First Instance, but solely as M.’s agent, providing non-contentious services, advice and assistance. On 11 July 1995 the appeal was dismissed.   Complaints     Mr García Ruiz complains that he did not have a fair hearing on appeal before the Madrid Audiencia Provincial , in that it did not reply to the arguments he had submitted, contrary to Article 6 § 1 of the European Convention on Human Rights.   Procedure     The application was lodged with the European Commission of Human Rights on 19   December 1995. Having found the application admissible, the Commission adopted a report on 15 September 1997 in which it expressed the opinion that there had been a violation of Article 6 § 1 of the Convention (twenty-two votes to eight). The Spanish Government referred the case to the Court on 6 January 1998.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm ,   (Swedish), Vice-President , Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Riza Türmen   (Turkish), Jean-Paul Costa   (French), Françoise Tulkens   (Belgian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), John Hedigan   (Irish), Hanne Sophie Greve   (Norwegian), András Baka   (Hungarian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges , Karel Jungwiert   (Czech), Tudor Pantiru   (Moldovian), Substitute Judges ,   and also Mr Michele de Salvia , Registrar .   Representatives of the parties   Government : Mr Javier Borrego Borrego, Head of the Legal Service for the European Commission and Court of Human Rights   The applicant did not wish to take part in the hearing.     The Commission is represented by Mr Luis Fernando Martinez, assisted by Mrs   Marie-Thérèse Schoepfer .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Mr Roderick LIDDELL Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91     A P P E N D I X   Convention Articles mentioned in the release   Article 6 § 1     “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”