Auszug aus EGMR, 21.10.2008 - 32271/04

He relied on, in particular, Ferrantelli and Santangelo v. Italy, judgment of 7 August 1996, Reports of Judgments and Decisions 1996-III. Invoking De Cubber v. Belgium, judgment of 26 October 1984, Series A no. 86, p. 19, § 33, he argued that the Court of Appeal had failed to remedy the situation of which he complained because it had not quashed the first-instance judgment on that ground; the only appropriate form of redress, in his submission, would have been for the case to be remitted to the Regional Court for retrial like the case of his co-accused C3.