Verdict of the Court of Cassation: an undeniable victory!
Épinal, January 11, 2018
On Thursday 11 January at 9 a. m., the Luxembourg Court of Cassation handed down its decision following appeals filed in the LuxLeaks case. It overturns the judgment of the Court of Appeal of 15 March 2017, which sentenced Antoine Deltour to 6-months suspended jail time and a €1,500 fine, but dismisses the appeal of Raphaël Halet.
We have constantly denounced the obvious inconsistencies of the previous Luxembourg court’s decisions, and we are therefore very pleased to welcome this undeniable victory.
The Court of Appeal had already come halfway down the road by recognizing Antoine as a whistleblower within the meaning of the European Court of Human Rights for some of the facts. The Court of Cassation now asserts that all the facts are indivisible. It therefore fully recognizes our arguments based on the European case-law.
This is of course only a step, the case being referred back to the Court of Appeal of Luxembourg. We are however confident of a favorable final outcome in Luxembourg.
On the other hand, our satisfaction is attenuated by the differentiated treatment of the case of Raphaël Halet, whose appeal in cassation has been dismissed and which is still not recognized as a genuine whistleblower. Antoine Deltour states that he feels “entirely in solidarity with Raphaël Halet”.
The support committee has mobilized, once again, on 11 January, alongside Antoine Deltour. We continue to support Antoine in judicial marathon he has been enduring for more than three years now, while he only acted as a citizen.
Comité de soutien à Antoine Deltour
Centre Léo Lagrange
88050 EPINAL Cedex 9
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