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Acquisition of Legal Personality and Registration

Személy és Vagyonőrök Független Szakszervezeti Szövetsége and Csánics v Hungary (decision), 13 February 2007 [ECtHR]

Case no 31777/04

2.  Under Articles 6, 11 and 13 of the Convention, the applicants also complain about the outcome and the unfairness of the proceedings, in particular about the domestic courts’ deliberations held in camera.

As to the in camera nature of the proceedings, the Court observes that the registration of a trade union is a non-contentious procedure, in which, since the decision is based only on the documents submitted, no hearing appears to be necessary. In any event, it observes that the applicants did not complain about this issue before the domestic courts. Furthermore, the Court observes that there is no indication in the case file that the domestic courts lacked impartiality or that the proceedings were otherwise unfair or arbitrary. The domestic courts refused to register the trade union solely because, despite proper warning, it had failed to produce relevant information as required by the domestic law. In these circumstances, the applicants cannot complain about the refusal of their request for registration.

It follows that this complaint is manifestly ill-founded within the provision of the Convention under Article 35 § 3 and must be rejected pursuant to Article 35 § 4 of the Convention.

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Jurisprudence

Registration Founding meeting Documentation Premises Grounds for refusal Processing applications Fair decision-making Renewal requirements Need for precision in any requirements Name or description Length of existence Delay Opportunity to amend application Judicial control