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The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
The case originated in two applications (nos. 31819/96 and 33293/96) against the French Republic lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three French nationals, Mr Guido Annoni di Gussola, and Ms Valérie Desbordes and Mr Stéphane Omer (“the applicants”), the first on 4 June and the other two on 26 September 1996.
The French Government (“the Government”) were represented by their Agent, Mr R. Abraham, Director of Legal Affairs, Ministry of Foreign Affairs.
Relying on Article 6 § 1 of the Convention, the applicants complained that they had been denied access to the Court of Cassation to appeal on points of law against the adverse judgments of the courts of appeal, as, despite their limited financial means, the President of the Court of Cassation had removed their appeals from the Court of Cassation list pursuant to Article 1009-1 of the New Code of Civil Procedure.
On 14 January 1998 the Commission (Second Chamber) decided to communicate the applications to the Government and invited them to make written observations on their admissibility and merits. The Government submitted their observations on 20 March 1998. Mr Guido Annoni di Gussola replied on 4 December 1998, and Ms Valérie Desbordes and Mr Stéphane Omer on 7 May 1998.
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