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New decision against France due to the excessive length of judicial liquidation proceedings

May 2012

Paris International Litigation Bulletin no. 3

The right to have one's case tried within a reasonable period of time is one of the fundamental guarantees of a fair trial.  As a consequence, the violation of Article 6, §1, of the European Convention for the Protection of Human Rights and Fundamental Freedoms probably represents the ground having justified most of the sentences in criminal matters, but also in civil and commercial matters.  A new example is provided by the decision of the European Court of Human Rights of 22 September 2011 in re Tetu v. France no. 60983/09 with respect to judicial liquidation proceedings.

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