ABSTRACT
The case related to a challenge to a conciliation award regarding dismissal and A 6 therefore applied. The applicant’s appeal on points of law was not limited to a procedural question but also attacked the lawfulness of the decision rejecting the appeal. Even if the proceedings had been limited to a preliminary question that would not have been enough to exclude the applicability of A 6. The applicant had the right to file a pleading for the purposes of the proceedings. It did not appear that the Court of Cassation had considered the applicant’s pleadings. Taking into account what was at stake for the applicant in the proceedings and the nature of the State Counsel’s submissions, the failure to examine the applicant’s pleading was an infringement of his right to inter partes proceedings. In principle, this included the right of the parties to have any documents and observations which were submitted to the court with a view to influencing its decision produced and discussed. There had therefore been a violation of A 6.
