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Pellegrini v. Italy

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When proceedings were undertaken concerning granting an authority to enforce a decree which emanated from the courts of a country which did not apply the Convention, a review examining whether Article 6 guarantees had been secured was necessary, especially where a matter of capital importance to the parties was at stake in the application for the authority.

Inherent in the right to adversarial process was the opportunity which each party to the proceedings, whether criminal or civil, had in principle to be given to examine and contest any evidence or observation submitted to the court with a view to influencing its decision. That opportunity could not be denied on the ground that the applicant had no defence to the petition for a decree of nullity as it was based on an undisputed objectively verifiable fact, the reason being that it was solely for the parties to a dispute to decide whether a response to evidence adduced by the other party or witnesses was called for.


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