ECHR rules against Spain for infringing business owner’s right to fair trial

Cuatrecasas and Basa & Mora-Figueroa Asociados have defended an appeal by business owner Francisco Javier Melgarejo Martínez de Abellanosa to the European Court of Human Rights (ECHR) against an infringement of his right to a fair trial.

The facts date back to 2018 when the Spanish Court of Appeals rejected the business owner’s appeal against a ruling by the Central Economic and Administrative Tribunal on a tax debt. In its judgment, the court in Strasbourg ruled against Spain for infringing the European Convention on Human Rights. The judges consider that a retrial or reopening of the case would be the most appropriate form of redress.

The team defending the case was made up of the Cuatrecasas Madrid office lawyers Luis Pérez de Ayala and Elicia Rodríguez, with Estanislao Mora-Figueroa, partner at Basa & Mora-Figueroa Asociados.