The High Court of Cassation and Justice has held that the expiry of a period of six months from the delivery of a court decision without the decision having been drafted infringes the right to a fair trial, since this situation amounts to a delay of the trial.
The legal provisions require that the decision be drawn up and signed within a maximum of 30 days from its date of delivery, with the possibility, in duly substantiated cases, of extending this period no more than twice by 30 days. Once the decision has been drawn up, it must be served on the parties.
The flagrant exceeding of that time-limit is likely to result in an infringement of the claimants’ right to have their case dealt with within an optimal and foreseeable time-limit, given that the court is under an obligation to take all necessary measures to comply with the time-limit for drafting, signing and communicating court decisions.
