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… Article 6(1) of the European Convention on Human Rights (‘the ECHR’) provides, in particular: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ 6. …

… A good deal of criticism has been levelled at the Commission’s triple role of investigator, prosecutor and decision-maker in competition law enforcement procedures, and KME has cited some of that criticism in its appeal. (29) However, while there may be cogent grounds for taking the view that the Commission is not, in that regard, an ‘ and by ’, it seems to me that such considerations are, in reality, extraneous to the present appeal. …

… That implies, in particular, that it may be compatible with Article 6(1) ECHR for criminal penalties to be imposed, in the first instance, not by an ‘ and by ’ but by an administrative or non-judicial body which does not itself comply with the requirements of that provision, provided that the decision of that body is subject to subsequent control by a judicial body that has full jurisdiction and does comply with those requirements. (27) Put another way …

… and by . …’ Law of the European Union (‘EU law’) 4 of the of Fundamental Rights of the European Union, proclaimed at Nice on 7 December 2000 (OJ 2000 C 364, p. 1), as adjusted at Strasbourg on 12 December 2007 (OJ 2007 C 303, p. 1), which is entitled ‘Right to an effective remedy and to a fair trial’, provides: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal …

… Legal context The European Convention for the Protection of Human Rights and Fundamental Freedoms 3 Paragraph 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’), which is entitled ‘Right to a fair trial’, provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an …

… of the Charter of Fundamental Rights of the European Union (see Mono Car Styling, paragraph 47 and the case-law cited). 62 In that regard, it is common ground in the cases before the referring court that, by making the admissibility of legal proceedings concerning electronic communications services conditional upon the implementation of a mandatory attempt at settlement, the national legislation introduces an additional step for access to the courts. …

… In examining the second ground of appeal, high relevance must be attached to the provision made in Article 6(1) of the ECHR, according to which, in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . That fundamental right has taken on a similar form in of the of Fundamental Rights. 57. …

… I infer from those two provisions that the right to a fair trial enshrined therein and recognised in the case-law of the Court of Justice (12) necessarily includes the guarantee of an and . …

… In the opinion of the appellant, this fact is sufficient to show that there was a breach of the right to a fair trial by an impartial tribunal enshrined in Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the ECHR’) and in of the Charter of Fundamental Rights of the European Union (‘the Charter of Fundamental Rights’). …

… That fundamental right has taken on a similar form in of the of Fundamental Rights of the European Union (43) according to which everyone is entitled to a fair and public hearing within a reasonable time by an and previously by . …

… In order to answer the first question, it is relevant to begin with the provisions of 6(1) of the ECHR according to which, in the determination of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …

… Otherwise there is a risk that the procedural guarantees provided for by Community law based on Article 6(1) of the ECHR and of the Charter of Fundamental Rights could be circumvented if a Member State were entitled to create an additional and competing jurisdiction. …

… A feature common to 6 of the ECHR and of the Fundamental Rights is that legal protection must be guaranteed by an and court or by and also operating publicly in accordance with fair procedure. 87. …

… The first sentence of 6(1) provides: ‘In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing within a reasonable time by an and by .’ 80. Reference should also be made to of the of Fundamental Rights, (55) which, admittedly, does not yet have any binding legal effect. …

… Moreover, no comparable restriction on civil-law claims can be inferred from of the Fundamental Rights Charter either. It is thus sufficient if what is in issue is a right ‘guaranteed by the of the Union’. A claim for compensation under 1(4) of the Second Directive must unquestionably be treated as being such a right. 86. …