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2 Composed of Mr L. Wildhaber, President, Mrs E. L. Rozakis, Mr G. -P. Costa, Mr L. Ferrari Bravo, Mr L. CaÁisch, Mr L. Loucaides, Mr I. Cabral Barreto, Mr K. Jungwiert, Sir Nicolas Bratza, Mr B. Zupanoio, Mrs N. Vajim, Mr M. Pellonpää, Mrs M. Tsatsa-Nikolovska, Mr E. Levits, Mr A. Kovler and also of Mr M. de Salvia, Registrar. 18 chapter one Held (1) Article 7 § 1: (a) National law: (i) The legal basis for the applicants’ convictions had been the criminal law of the GDR applicable at the material time, and their sentences had corresponded in principle to those prescribed in the relevant GDR legislation but had in fact been lower, by virtue of the principle of applying the more lenient law, namely that of the FRG.

Held (1) Article 6 § 1: Whether a person has an actionable domestic claim may depend not only on the substantive content of the right as deÀned under national law but also on the existence of procedural bars. It would not be consistent with the rule of law or the basic principle underlying Article 6 § 1 if a State could, without control by the Convention organs, remove from the jurisdiction of the courts a whole range of civil claims or confer immunities on large groups or categories. In the present case, 1 Fogarty v.

L. -P. Costa, Mr L. Ferrari Bravo, Mr Gaukur Jörundsson, Mr L. CaÁisch, Mr L. Loucaides, Mr I. Cabral Barreto, Mr K. Jungwiert, Sir Nicolas Bratza, Mr B. Zupanoio, Mrs N. Vajim, Mr M. Pellonpää, Mrs M. Tsatsa-Nikolovska, Mr E. Levits, Mr A. J. Mahoney, Registrar. 2 36 chapter one the proceedings which the applicant intended to pursue concerned a recognised cause of action, namely sex discrimination in employment, and the grant of immunity did not qualify a substantive right but constituted a procedural bar on the courts’ power to determine the right.

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