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… 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. …