Legal Challenges
Funke then began two separate legal challenges, one against the demand for document disclosure, and one against the attachment. The legal clash over the demand for documents was the case considered by the ECtHR.
In May 1982, Funke was summoned to the police court in Strasbourg. The customs authorities were demanding a fine, a daily incrementing penalty, and a term in prison for Funke due to his failure to cooperate without good reason. In September 1982, the court imposed a fine of 1,200 FRF on Funke and ordered that he deliver the requested bank documents or face a daily penalty (astreinte) of 20 FRF. Funke appealed the decision.
Funke's appeal was based on the ECHR Article 6 and Article 8. His arguments were dismissed by the Colmar Court of Appeal in March 1983 - a public authority can interfere with the rights "so long as it is in accordance with the law and ... is necessary in ... the interests of the economic well-being of the country or for the prevention of disorder or crime." The court increased the daily fine for non-compliance to 50 FRF. Funke appealed again and his case was dismissed by the Court of Cassation (Criminal Division) in November 1983, on identical grounds to the Colmar Court of Appeal.
Read more about this topic: Funke V. France
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