EUROPEAN COURT OF HUMAN RIGHTS IN ACTION / Alla Tymofeyeva (ed.)

2 MACEK v. THE CZECH REPUBLIC – SUBJECT MATTER OF THE CASE AND QUESTIONS

2. In view of all the circumstances, were the inheritance proceedings in the present case fair as guaranteed by Article 6 § 1 of the Convention, namely with regard to the right to adversarial proceedings and equality of arms? 3. Have the declaration of the guilt of the applicant in the course of the inheritance proceedings amounted to an interference with the applicant’s private life within the meaning of Article 8 of the Convention? If so, has such interference been “in accordance with the law” and “necessary in a democratic society” in the interests of one of the aims permitted under paragraph 2 of that Article? In view of all the circumstances, has there been a violation of the applicant’s right to respect for his private life that encompasses a right to protection of the reputation (see Mikolajová v. Slovakia, no. 4479/03, § 53-63, 18 January 2011)? 4. Has the prospective inheritance of the applicant been in his possession, within the autonomous meaning of the Convention (see Depalle v. France [GC], no. 34044/02, § 63, ECHR 2010; Mazurek v. France , no. 34406/97, §§ 42-43, ECHR 2000-II; Fabris v. France [GC], no. 16574/08, § 54-55, ECHR 2013 (extracts))? If so, were his rights under Article 1 of Protocol No. 1 respected?

EUROPEAN COURT OF HUMAN RIGHTS IN ACTION

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