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… of the is entitled ‘Right to an effective remedy and to a fair trial’. It provides inter alia: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 48 of the Charter guarantees the presumption of innocence and the rights of the defence. (6) 5. …

… 6(1) ECHR provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal. Fundamental rights 3. 41 of the of Fundamental Rights of the European Union (5) guarantees that every person has the right to have his affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the Union. 4. …

… Such a plea cannot therefore be fully effective in an administrative appeal procedure. 41 In the third, and last place, the Tribunal recalls that the principle of effective judicial protection is a general principle of EU law to which expression is now given in the second paragraph of of the , which provides that ‘[e]veryone is entitled to a … hearing by an and tribunal … established by law …’. …

… That paragraph corresponds to 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’) (judgment of 28 February 2013 in Case C-334/12 RX-II Review Arango Jaramillo and Others v EIB, paragraphs 40 and 42). 42 It is apparent from the case-law of the European Court of Human Rights on the interpretation of Article 6(1) of the ECHR, to which reference must be made in accordance with Article 52(3) of the Charter, …

… Findings of the Court 77 It should be borne in mind, at the outset, that the second paragraph of of the provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 179 and the case-law cited). 78 On that basis, such a right, which was affirmed as a general principle of EU law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, in particular …

… 6(1) ECHR, the second paragraph of of the , which corresponds to that provision of the ECHR, provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 179 and the case-law cited). 76 On that basis, such a right is applicable in the context of proceedings brought against a Commission decision (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 178 and the case-law cited). 77 Although the appellant …

… of the Statute of the Court and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 176). 75 As regards the breach of procedure relied on in the present ground, it should be borne in mind that, notwithstanding the fact that the appellant refers to …

… of the provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 179 and the case-law cited). 68 On that basis, such a right, which was affirmed as a general principle of EU law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, in particular, Der Grüne Punkt - Duales System …

… first paragraph of Article 58 of the Statute of the Court and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 176). 67 As regards the breach of procedure relied on in the present ground, it should be borne in mind that the second paragraph of …

… provides that everyone whose rights and freedoms guaranteed by EU law are violated must have the right to an effective remedy before an and tribunal previously established by law. 50 provides that no one may be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law. 5. …

… Article 51(1) states that the provisions of the are addressed to the Member States only when they are implementing EU law. The Treaty on the Functioning of the European Union 6. Article 56 TFEU prohibits restrictions on the freedom to provide services within the Union in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended. 7. …

… The first paragraph of of the provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this ’. The second paragraph of of the concerns the right of everyone to an effective remedy before an and tribunal previously established by law. …

… That states that everyone is to have the possibility of being advised, defended and represented. According to Article 48(2) of the Charter, respect for the rights of the defence of anyone who has been charged is to be guaranteed. 8. …

… The rights secured by and 48 of the expressly include the right to a fair hearing by an and tribunal previously established by law, the possibility of being advised, defended and represented, a limited right to legal aid and a general provision stating that ‘respect for the rights of the defence … shall be guaranteed’. …

… 52(3) of the then expressly indicates that, ‘in so far as [the] contains rights which correspond to rights guaranteed by [the ECHR], the meaning and scope of those rights shall be the same as those laid down in [the ECHR]’. For and 48 of the , the explanatory note confirms that the point of reference within the ECHR is 6. (21) 58. …

… Thus, the review body must be one which is established by law, is and . It must ensure that the following guarantees are respected. …

… In order to ascertain whether the Commission has been objectively , it is necessary to ask whether, of its conduct, certain verifiable facts give rise to doubts as to that institution’s . 146 Ziegler maintains, second, that the contested decision is vitiated on the ground that it lacks objective impartiality and that it follows that, in rejecting that plea, the General Court disregarded its right to fair legal process, enshrined in of the and …

… Objective predates the contested decision and relates to factors which are external to the decision without necessarily having to be reflected in it. …

… 41 of the guarantees that every person has the right to have his affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the Union. 8. of the is entitled ‘Right to an effective remedy and to a fair trial’. It provides inter alia, ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 9. …

… The second concerns the right to effective judicial protection as guaranteed by of the of Fundamental Rights (‘the ’) (7) and 6 and 13 of the European Convention on Human Rights (‘the ECHR’). Here, the key questions are what is a ‘reasonable time’ for the purposes of of the and what constitutes the appropriate remedy should the General Court fail to adjudicate within that time. Legislation The European Convention on Human Rights 6. …

… 6(1) ECHR provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal. Article 13 thereof states that an effective remedy should be available where there is a breach of any rights guaranteed by the ECHR. …