MATTHEWS v. THE UNITED KINGDOM JUDGMENT
3
6. In accordance with the President’s decision, a hearing took place in
public in the Human Rights Building, Strasbourg, on 19 November 1998.
There appeared before the Court:
(a) for the Government
Mr M. EATON, Foreign and Commonwealth Office,
Mr D. ANDERSON, Barrister-at-Law,
Ms D. COLLINS, Cabinet Office Legal Advisers,
Ms C. POWER, Foreign and Commonwealth Office,
Advisers;
(b) for the applicant
Mr M. LLAMAS, Barrister-at-Law,
Mr L. BAGLIETTO, Barrister,
Mr F. PICARDO, Barrister,
Mr R. BENZAQUEN, Legislation Support Unit, Gibraltar,
Counsel,
Adviser;
(c) for the Commission
Mr J.-C. SOYER,
Ms M.-T. SCHOEPFER,
Agent,
Counsel,
Delegate,
Secretary to the Commission.
The Court heard addresses by Mr Soyer, Mr Llamas and Mr Anderson.
THE FACTS
I.
THE CIRCUMSTANCES OF THE CASE
7. On 12 April 1994 the applicant applied to the Electoral Registration
Officer for Gibraltar to be registered as a voter at the elections to the
European Parliament. The Electoral Registration Officer replied on 25 April
1994:
“The provisions of Annex II of the EC Act on Direct Elections of 1976 limit the
franchise for European parliamentary elections to the United Kingdom [see
paragraph 18 below]. This Act was agreed by all member States and has treaty status.
This means that Gibraltar will not be included in the franchise for the European
parliamentary elections.”