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[ ] DELAGE and MAGISTRELLO v. FRANCE Right to a fair trial – inadmissible Article 6, Section 1 Impartiality of Commercial Court due to cumulation of functions of president and juge-commissaire in declaration of personal bankruptcy On January a Chamber of the European Court of Human Rights unani- mously declared inadmissible the application in the case of Delage and Magistrello v. France . Summary of the facts Ms Delage was the manager of a private company that was unable to pay its debts owing to financial difficulties. The commercial court, which was presided over by Judge M.K., made an order for the judicial reorganisation of the company under the simplified procedure and appointed M.K. as substitute insolvency judge. A differently constituted bench of the court subsequently ordered the company’s liq- uidation, renewed the appointment of the insolvency judges and appointed a liq- uidator. At a later date the court ordered an audit of the company on its own motion and appointed M.K. as the full insolvency judge. The liquidator issued proceedings in the same court against Ms Delage, in her capacity as de iure man- ager of the company, and against Mr
Human Rights Case Digest – Brill
Published: Jan 1, 2002
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