000245
17.
The European Court of Human Rights further noted that "the piercing of the
"corporate veil" or the disregarding of a company's legal personality will be justified only
in exceptional circumstances."T
18.
Based on the above cited passages we are of the opinion that one of the reasons
why the Applicant's identity was said to be the same as that of his company in this case
is because the corporate veil had been lifted and as a result of this, the rights and
obligations which were attributed to the company became the rights and obligations for
the Applicant, which in turn meant that the two have the same identity. These are the
same observations that were made by the lnter-American Court on Human Rights and
the European Court on Human Rights in the above mentioned passages. lt is therefore
our opinion that the above mentioned views should have been adopted and explicitly
stated in the judgment of the majority.
19.
One last thing we would like to make emphasis on regarding A(icle 56(7) of the
Charter is the fact that the reason why the corporate veil was lifted and the identity of the
Applicant and his company was considered the same in the national level is because it
was noted in the judgment (in the Applicants prayers) that the Applicant holds ninety five
percent (95%) of the company and is the President, Chief Executive Officer, founder and
majority shareholder of AGRILAND.8 This is to say that the company's losses are his
losses and the company's gains are also his gains. We feel that the judgment should
have emphasised this point and clarified it.
Ben KIOKO, Vice-President
Angelo V. MATUSSE- Judge
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6
I
Agrotexim and Othersv. Greece 14807/89, (1996) EHRR 250, [1995] ECHR 42, para. 66.
8Application No. 038/2016. Judgment ot 2210312018, Jean-Claude Roger Gombeft v. Republic of COte
1
d
lvoirc, paa.15(iii) and para. 48.
5