Published on 3 June 2024
FIRST SECTION
Application no. 34894/22
Jean Luc DUMORTIER
against Montenegro
lodged on 12 July 2022
communicated on 14 May 2024
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s right to a fair trial under Article 6 of the Convention, in particular the alleged repeated and insufficient reasoning by the High Court when deciding to freeze the applicant’s bank accounts and forbid him to dispose of his property in Montenegro, in spite of two Constitutional Court decisions finding a violation in that regard.
QUESTIONS TO THE PARTIES
1. Was Article 6 § 1 of the Convention applicable to the proceedings in the present case (see Nedyalkov and Others v. Bulgaria (dec.), no. 663/11, § 109, 10 September 2013; Maniscalco v. Italy (dec.), no. 19440/10, § 28-32, 2 December 2014; and Shorazova v. Malta, no. 51853/19, §§ 49-50 and 126- 27, 3 March 2022)?
2. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the decision of the High Court sufficiently reasoned, as required by the Constitutional Court (see De Moor v. Belgium, 23 June 1994, § 55 in fine, Series A no. 292‑A; see, also, Micallef v. Malta [GC], no. 17056/06, § 86, ECHR 2009)?