Appeal to higher court, an ongoing process
text updated on July 20, 2017
Appeal documents have been filed
On May17th, Antoine's lawyers submitted the appeal file to the Luxembourg Court of Cassation. This follows Antoine's decision to appeal to the Court of Cassation, as announced on April 5, 2017 at the general annual meeting of the Support Committee.
The Luxembourg Court of Cassation will rule on the appeal after a public hearing with the lawyers, scheduled on November 23, 2017. Raphaël Halet, the other LuxLeaks whistleblower sentenced on appeal, also submitted an appeal file.
The Court of Cassation will only rule in law; it will not deal with the substance of the case and will only study the proper application –or not– of the legal rules.
If the Luxembourg Court of Cassation quashes the appeal judgment, a new trial would take place. On the other hand, if the Court of Cassation confirms the conviction, Antoine would be able to appeal to the European Court of Human Rights (ECHR), which has well-established jurisprudence on whistleblowers. ECHR criteria were at the heart of the discussions during the LuxLeaks appeal trial which took place between December 2016 and January 2017: Antoine and his lawyers have already demonstrated that he fulfills without ambiguity all the criteria in force to be protected as a whistleblower.