CEDH · PRESS;HEARINGS;ENG — 29 février 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s903B0117 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt; text-indent:-70.9pt; text-align:justify } .sB54F21D0 { width:1.54pt; text-indent:0pt; display:inline-block } .s64582795 { width:70.9pt; text-indent:0pt; display:inline-block } .sF9A986A5 { width:12.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     146   29.2.2000   Press release issued by the Registrar   HEARING IN THE CASES OF ANNONI DI GUSSOLA v. FRANCE AND DESBORDES AND OMER v. FRANCE   Tuesday, 29 February, at 2.30 p.m.     The applicants   The case concerns two applications brought by one Italian and two French nationals, Guido Annoni di Gussola, born in 1933 and living at Divonne les Bains (France), and Valérie Desbordes and Stephan Omer, born respectively in 1968 and 1964, who both live at Franleu, France.   Summary of the facts   The cases concern the rules governing access to the Court of Cassation under Article 1009-1 of the New Code of Civil Procedure. Under that provision, the President of the Court of Cassation may, on application by the respondent, strike out an appeal from the list if the appellant is unable to show compliance with the impugned decision. His power to do so is however subject to the condition that compliance must not entail manifestly unfair consequences. The applicants complain that they have been denied access to a court, in violation of Article 6 of the European Convention on Human Rights. In both cases the applicants’ appeals on points of law were dismissed because they had failed to comply with the decision of the court of appeal.   Annoni Di Gussola v. France   Having purchased a vehicle with the aid of a bank loan, Mr Annoni Di Gussola subsequently refused to pay any of the instalments due on the ground that the vehicle was defective. The vehicle was repossessed by the lender, which sold it and instituted proceedings against him for an order requiring him to pay the difference between the price realised on sale and the amount of the loan. At first instance the applicant was ordered to pay an amount roughly equivalent to that difference. At about that time he lost his job and had to live on the State minimum subsistence allowance. He appealed against the first-instance judgment, contending that because the bank had been at fault in selling the vehicle for a derisory price it owed him damages of an amount equal to his debt. The court of appeal reduced the sum payable by the applicant but held that he had not proved that the bank had been at fault. He then appealed on points of law, but his appeal was struck out of the list at the bank’s request on the ground that he had not complied with the court of appeal’s decision.   Desbordes and Omer v. France   In the second case, Mrs Desbordes took out a loan from a credit company to buy a vehicle. Mr Omer, her husband, acted as guarantor. When Mr Omer lost his job the applicants were unable to keep up with the monthly instalments. The credit company then repossessed and sold the vehicle. It also brought proceedings against the applicants to recover the amount still owed, plus interest. The first-instance court noted that a mandatory clause was missing from the contract, and for that reason held that the contract was invalid and that the company had forfeited its right to interest. The court of appeal overturned that judgment and ordered the applicants to pay the amount claimed. Having been granted legal aid, the applicants appealed on points of law against the court of appeal’s judgment. However, on an application by the credit company, their appeal was struck out of the list by order of the delegate of the Senior President of the Court of Cassation, on the ground that they had not complied with the court of appeal’s decision.   Complaints   The applicants complain that they were denied access to the Court of Cassation to appeal on points of law against the decisions of the Lyons and Amiens Courts of Appeal, since, pursuant to Article 1009-1 of the New Code of Civil Procedure, the First President of the Court of Cassation had struck their appeals out of the Court of Cassation’s list, without having regard to their financial circumstances. They relied on Article 6 § 1 of the Convention.   Procedure   The applications were lodged with the European Commission of Human Rights on 4 June and 26 September 1996 and registered on 11 June and 2 October 1996.   Since 1 November 1998, when Protocol No. 11 to the Convention came into force, applications are before the Court. On 6 January 2000 the Court declared the applications admissible.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Jean-Paul Costa (French), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Willi Fuhrmann (Austrian), Karel Jungwiert (Czech), Hanne Sophie Greve (Norwegian), Judges , Loukis Loucaides (Cypriot) Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), Substitute Judges ,   and also Sally Dollé , Section Registrar   Representatives of the parties   Government:   Ronny Abraham , Agent , Michèle Dubrocard , André Chapelle and   Gilbert Bitti , Counsel ;   Applicants:   Jean-Alain Blanc , 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: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (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.