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Judgment of 2 October 2018 Case of Mutu and Pechstein v. Switzerland (Applications nos. 40575/10 and 67474/10)

Publication at Faculty of Law |
2019

Abstract

Third section of the European Court of Human Rights (Court) decided by the majority of five judges against two that the Court of Arbitration for Sport (CAS) is an independent and impartial tribunal established by law and that its proceedings essentially comply with the requirements of the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights (Convention). At the same time, the Court unanimously found the violation of Article 6 of the Convention by Switzerland, which did not ensure the right to a public hearing before the CAS for Claudia Pechstein.