Information Note on the Court’s case-law
December 1994
Ruiz Torija v. Spain - 18390/91
Judgment 9.12.1994
Article 6
Article 6-1
Fair hearing
Failure of an appellate court in civil proceedings to address in its judgment a submission made at first instance: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.GOVERNMENT'S PRELIMINARY OBJECTION (failure to exhaust domestic remedies)
Possibility of application to "join" appeal to Audiencia Provincial not open to applicant as first-instance court had found in his favour.
Conclusion: objection dismissed (unanimously).
II.ARTICLE 6 § 1 OF THE CONVENTION
Scope of obligation for courts to give reasoned decisions: varies according to nature of decision and must be determined in the light of the circumstances of case.
Submission relevant - formulated in clear and precise manner - evidence adduced in support - silence of Audiencia Provincial
could not be construed as implied rejection - submission required specific and express reply.
Conclusion: violation (eight votes to one).
III.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary: claim dismissed.
Non-pecuniary: finding of a violation constituted sufficient just satisfaction.
B.Costs and expenses
Reimbursed in an amount determined on equitable basis.
Conclusion: respondent State to pay the applicant specified sum (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy