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In commerce The European Court of Human Rights has made it clear that companies and commercial entities can apply to the Court in the same way as individuals. Although some Articles of the Convention clearly do not apply to companies such as the right to life, freedom from torture and ill-treatment, the right to security and liberty of person etc, there are several rights under the Convention that can be of relevance. ARTICLE 6 (see also sections on Criminal Law and Civil Litigation) entitles everyone to a fair and public hearing in the determination of his/her civil rights or obligations or of any criminal charge. This right encompasses for example the right to freedom from self-incrimination. The European Court has stated that it is a violation of Article 6 to use as evidence in a trial, information someone has given to government inspectors on pain of criminal sanction (Saunders v. the United Kingdom). The right to respect for private life as covered by ARTICLE 8 of the Convention has been interpreted by the European Court to extend to company or business premises. The Court found a violation of Article 8 where an order for search and seizure of documents were made for the office premises of a lawyer. The police had entered the premises and examined various files, including client index and files relating to ongoing litigation. (Niemitz v. Germany) Another right which is relevant to company and commercial law is the right to peaceful enjoyment of possessions, ARTICLE 1 OF PROTOCOL 1 of the Convention. This Article states that no one shall be deprived of his/her possessions except in the public interest and subject to the conditions provided for by law and by general principles of international law. The State has however a right to enforce laws to control the use of property in accordance with the general interest or to secure the payment of taxes, other contributions or penalties. When the European Court of Human Rights examines a complaint under this Article, it will seek to ensure that a fair balance is struck between the interest of the State in depriving or interfering with the possession in question, and the right of the natural or legal person to the peaceful enjoyment of this possession. The word possessions include tangible assets such as land, buildings, furniture etc. However, it also includes the lease or license that a company may own over property, and if a public authority revokes this license, Article 1 Protocol 1 may be applicable. Further, if a State grants a license to perform a certain activity, such as to sell alcohol or to drive a taxi, this too is a possession within the meaning of Article 1 Protocol 1. In addition, intellectual property rights such as patents, copyrights, trademarks and goodwill may also constitute possessions as will debts and claims, if these are sufficiently established to be enforceable. |
