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… 17 of the of Fundamental Rights and 1 of the Protocol to the ECHR. 57 - of the of Fundamental Rights, entitled ‘Right to an effective remedy and to a fair trial’, is based on 6(1) of the ECHR which provides that ‘[i]n 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 tribunal established by law.’ 58 - I note …

… the extent of the obligation to effect recovery is a point of fact which does not fall within the scope of the Court’s jurisdiction in an appeal. 54 - Case C-210/09 Scott and Kimberly Clark [2010] ECR I-4613, paragraph 21, and Commission v Slovakia, paragraph 51. 55 - That aspect is particularly apparent in the case of recovery of fiscal aid, where the recipient is required to carry out a transfer of the assets corresponding to the advantage which it enjoyed when the taxation was lower. 56 - See …

… of Fundamental Rights 5. of the of Fundamental Rights of the European Union (‘the ’) lays down the right to an effective remedy and to a fair trial. The first and second paragraphs of provide: ‘Everyone 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 Article. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.’ 2. Regulation No 44/2001 6. …

… Legal context European Union legislation The of Fundamental Rights of the European Union 3 of the of Fundamental Rights of the European Union, 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 in compliance with the conditions laid down in this . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. ….’ Directive 2005/85 4 Recital 11 in the preamble to Directive 2005/85 states: ‘It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. …

… of the of Fundamental Rights of the European Union (‘the Charter’), (11) which is entitled ‘Right to an effective remedy and to a fair trial’, states: ‘Everyone 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 . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. …’ Background PMOI 23. PMOI is an Iranian political organisation. (12) It was founded in 1965, with the initial purpose of opposing the regime of the Shah. It took an active part in the protest within Iran that ultimately led to the Shah’s downfall in 1979. …

… That principle, which, moreover, has been reaffirmed by of the of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1) (‘the Charter’), is inspired by the fundamental rights which form an integral part of the general principles of EU law which the Court of Justice enforces, drawing inspiration from the constitutional principles common to the Member States and from the guidelines supplied, in particular, by the European Court of Human …

… 6(1) of the ECHR states: ‘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 tribunal established by law. …’ 51 It must be borne in mind that the Court of Justice has recognised the general principle of European Union (‘EU’) law that everyone is entitled to a fair legal process (Case C-411/04 P Salzgitter Mannesmann v Commission [2007] ECR I-959, paragraph 40 and the case-law cited) …

… impartial tribunal since the way in which the Commission takes evidence, in the context of the 2002 Leniency Notice, which consists in its relying upon descriptions of facts obtained in the course of a process of self-incrimination, is in breach of the requirements for a procedure in accordance with the rule of law, particularly since the undertakings are given no opportunity to check the relevance of the complaints made, for example, by putting questions to witnesses giving evidence against them. 50 …

… Law 35 In support of the action, the applicant raises two pleas in law, the first alleging breach of the rights of the defence and the right to an effective remedy and the second alleging a breach of the right to property. 36 In the first plea in law, the applicant argues that the contested acts breach the rights of the defence and the right to an effective remedy before an and tribunal, guaranteed by of the of Fundamental Rights of the European Union (OJ …

… 13 ‘Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.’ B - European Union law 5. of the of Fundamental Rights of the European Union. …

… 6(1) ‘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 tribunal established by law. …’ 4. …

… Pursuant to the third paragraph of 6(1) TEU and Article 52(7) of the CFREU, for the purposes of interpreting Article of the CFREU, due regard must be had to the Explanations relating to the of Fundamental Rights initially drawn up by the Praesidium of the Convention which drafted the Charter. …

… of the of Fundamental Rights of the European Union (‘the Charter’), (4) entitled ‘Right to an effective remedy and to a fair trial’, provides, in particular: ‘Everyone 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 . …

… 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 tribunal established by law. …’ 6. …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 8. The explanatory note to that article states, inter alia, that the second paragraph corresponds to Article 6(1) ECHR, subject to the proviso: ‘In Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations. …

… Under the second paragraph of , everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone is to have the possibility of being advised, defended and represented. …

… 51(1) of the states that the provisions thereof are addressed to the Member States when they are implementing EU law. 31 In that connection, the first paragraph of of the provides that everyone whose rights and freedoms guaranteed by EU law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in that . …

… The third paragraph of of the provides specifically that legal aid is to be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. 32 According to the explanations relating to that article, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the interpretation of the Charter, the second paragraph of Article 47 of the …

… Under the heading ‘Right to an effective remedy and to a fair trial’, of the of Fundamental Rights of the European Union (‘the Charter’) provides as follows: ‘Everyone 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 . …

… Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.’ 8. …