On January 20th 2009, a parking ticket was issued for the car parked by the applicant at Montigny-le-Bretonneux. A fine notice was sent to the applicant son’s who had registered the car. On March 5th 2009, the applicant requested the prosecutor to dismiss the proceeding against his son and open proceeding against him under art. 529-10 1-b) of code of penal procedure. He also requested to be prosecuted to challenge the legality of the parking ordinance in court.
On June 15th 2009, the prosecutor rejected the applicant request. But after a new request was made by the applicant, the prosecutor informed him on July 31th 2009 that the case was sent to the court and that he will be served. But on October 28th 2000, a notice for repossession for €33 was served for his son. On May 21th 2010, a final notice for €40,5 was served. On May 27th 2010, the fine was paid by the applicant for his son.
On July 9th 2010, the applicant and his son filed an application with the E.C.H.R arguing that the refusal of the prosecutor to schedule a hearing in court was a violation of articles 6-1 and 13 of the Convention and that the condemnation by a prosecutor and not a court was a violation of article 6-2. The applicants are advised by Me Philippe Yllouz.
On September 29th 2010, the application was communicated to the agent of the French Republic with questions to be answered within 16 weeks. On the same day, the constitutional council found that the lack of judicial review of the decision taken by the prosecutor was a violation of the Constitution (case 2010-38 QPC).