November 28
2021
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Dolores Utrilla
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28th October 2021
Human Rights Justice & Litigation

Excessively formalistic interpretation of rules on drawing up cassation appeals are contrary to right to access to a court, ECtHR rules

In Succi and Others v. Italy (applications nos. 55064/11, 37781/13, and 26049/14), the European Court of Human Rights (ECtHR) has clarified that the provision of stringent formal requirements to lodge cassation appeals before national courts is in principle compatible with the right of access to a tribunal under Article 6(1) of the European Convention on Human Rights (ECHR), unless such rules are interpreted in an excessively formalistic way.

The case concerns the complaints of eight Italian nationals about the dismissal of their appeals on points of law by the Italian Court of Cassation, which they claim was due to an excessively formalistic application of the rules on drawing up cassation appeals.

In its judgment today, t

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