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Delage and Magistrello v. France

Delage and Magistrello v. France    [  ] 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Delage and Magistrello v. France

Human Rights Case Digest , Volume 13 (1-2): 161 – Jan 1, 2002

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Publisher
Brill
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/157181302760446555
Publisher site
See Article on Publisher Site

Abstract

   [  ] 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

Journal

Human Rights Case DigestBrill

Published: Jan 1, 2002

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