Information Note on the Court’s case-law 31
June 2001
Matthies-Lenzen v. Luxembourg (dec.) - 45165/99
Decision 14.6.2001 [Section II]
Article 6
Civil proceedings
Article 6-1
Civil rights and obligations
Criminal complaint accompanied by a claim for damages of one franc: Article 6 applicable
In October 1993 the applicants lodged a complaint against a company, alleging misappropriation; they also applied to join the proceedings as a civil party. A preliminary investigation was begun on 1 March 1994 and, after interviewing the applicants in March 1995, the investigating officers submitted a report in November 1995. In February 1998 a report by the police criminal investigation department was submitted and the investigating judge issued two search warrants. A hearing was held in October 1998. In early 2001 the investigating judge charged two people. He closed the investigation, but the prosecuting authorities applied for additional measures to be taken.
Admissible under Article 6 § 1 (reasonable time): objection of incompatibility ratione materiae – in applying to join the proceedings as a civil party, the applicants had, admittedly, only claimed damages amounting to one Luxembourg franc, but they had reserved the right to increase that amount later and had pointed out that the company, from which they benefited financially, had suffered enormous financial loss; the impugned proceedings consequently involved the determination of a civil right affecting their assets. The objection was dismissed.
Objection of failure to exhaust domestic remedies – the Government maintained that the applicants should have brought a civil action against the State under section 1 of the State or Public Authorities Liability Act of 1 September 1988. Their arguments were closely connected to the complaint under Article 13 and the objection was therefore joined to the merits. Admissible under Article 13.
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This summary by the Registry does not bind the Court.
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