On June 19th 2008, a superintendent of police sent a notice to Mr. Damien Celice informing him that he was accused of speeding at 71km/h on June 14th 2008. The speed limit was 70km/h. The superintendent inviting him to plead guilty by paying a fine of €68. But the applicant chose to send a request for a court hearing along with the mandatory deposit of €68 (art.529-2 of the code of penal procedure). He also requested a copy of the photo taken by the speed radar. According to the applicant, his car was being repaired in an auto shop the day of the alleged speeding offense.
On September 3rd 2008, the superintendent of police informed him that he will not send him the photo, will not request a court hearing and that he will use the deposit of €68 to pay for the fine. On November 21st 2008, the ministry of interior informed the applicant that he has been found guilty of speeding by the superintendent of police following the payment of the €68 fine.
On February 26th 2009, the applicant submitted his case to the European Court of Human Rights arguing that the mandatory deposit to have access to court was a violation of article 6-2 of the Convention and the denied access to court hearing was a violation of article 6-1. He is represented by Me Bertrand Perier (Paris). On May 25th 2010, the application was communicated to the agent of the French government with questions to be answered within 16 weeks.