On July 1st 1992, a Belgium bank received from Nigeria a “contract”  to transfer $45 millions to the bank account of Mr. Dimitrios Coussios. It seems to have been an attempt for an advanced fee fraud (also called 419 fraud). Nevertheless, the bank informed the employer of Mr. Dimitri Coussios (the European Commission) of the contract. The district attorney of Brussels didn’t open any investigation.

On December 1st 1993, the European Commission fired the applicant for having formed a contract as a member of the European Commission. On June 17th 1994, the applicant sued the Belgium bank for damages, for disclosing the “contract” to his employer.  On November 2nd 2007, the supreme court rejected the appeal of the applicant, putting an end to a civil litigation of 13 years.

On April 22nd 2008, the applicant submitted his case to the European Court of Human Rights arguing that a civil litigation lasting 13 years was a violation of article 6-1 of the Convention. He added that the civil appeal court of Mons considered him guilty of “fraud” was a violation of article 6-2, his dismissal was a violation of articles 6-3 and 8 and the lack of remedies a violation of article 13. The applicant is represented by Me Xavier Magnee (Brussels).

On May 3rd 2010, the application was communicated to the agent of the Belgium government with questions to be answered within 16 weeks. On October 14th 2010, the applicant submitted his observations.