Information Note on the Court’s case-law No. 1
November-December 1998
García Manibardo v. Spain (dec.) - 38695/97
Decision 8.12.1998
Article 6
Civil proceedings
Article 6-1
Access to court
Dismissal of an appeal for failure to pay the amount ordered by the court of first instance: admissible
Following civil proceedings initiated against her, the applicant was ordered to pay 18 million pesetas to the opposing party. Her appeal against the decision before the Audiencia provincial was dismissed on the grounds of her failure to pay the sum she had been ordered to pay by the court of first instance. This payment was an essential precondition for lodging an appeal. The applicant lodged an amparo appeal with the Constitutional Court, stressing that she had applied at first instance for legal aid, which could have exempted her from this requirement. Her amparo appeal was rejected. However, her application for legal aid was subsequently granted.
Admissible under Article 6 § 1 (fair trial).
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This summary by the Registry does not bind the Court.
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