Funke V. France - European Court of Human Rights

European Court of Human Rights

In February 1984 Funke applied to the ECtHR. He complained that his conviction for a refusal to produce documents was a breach of his right to a fair trial (Article 6-1), the initial demand was a violation of the right not to give evidence against oneself and the subsequent proceedings against him were an attempt to compel him, when the French government could have sought other means to obtain any documents. Funke also held that the trial was not held within a reasonable time (6-1) and did not regard the presumption of innocence (6-2). He also claimed that the search was a breach of his right to respect for his privacy (Article 8).

In the interim Funke refused to pay the pecuniary penalty for non-compliance and in January 1985 a garnishment notice was served to retrieve 10,750 FRF from Funke's bank account, covering fines for May-December 1984. He contested this decision at the Strasbourg District Court in March 1985. That court upheld the notice but Funke appealed. In February 1989 the Colmar Court of Appeal reversed the decision of the district court and removed the notice. The custom authorities appealed this decision on points of law to the Court of Cassation, which upheld the decision that a garnishment notice could not be used for customs penalties.