96. The Court further notes that the Cassation Court adopted the same interpretation of Article 444 of the Code of Civil and Commercial Procedure in light of the principle of second chance for the owner to sell the property at a higher price, and in light of the legislator’s intention in this regard. 97. It emerges from these findings that the Cassation Court’s judgment is based on legal grounds. The cassation judgment challenged by the Applicant was based on the following grounds: The principle of the second chance for the owner to sell his property at a higher price (Al-Tasdis), as stated in the explanation of the reasons for its legislation, is intended to give the debtor, that is, the owner of the asset being actioned off, a chance to sell his property at a higher price than that agreed at the first auction. This is in the interests of both the owner and the creditors, including the claimant who initiated the forced sale. The legislator therefore wanted to ensure that only serious and credible bidders participate in the second auction. It is in this context that the guarantee deposit becomes a requirement. It is required of the bidders and the seller, but it is not reasonable to require the same of the bidder who won the first auction. 98. In view of the foregoing, the Applicant does not prove any apparent irregularity or misapplication of the law by the domestic courts that would warrant the intervention of this Court. 99. Consequently, the Court considers that the Respondent State did not violate the Applicant's right to a fair trial, protected by Article 7 of the Charter, as regards the misapplication of the law by domestic courts. ii. Alleged violation of the right to have decisions delivered in open court 100. The Applicant alleges violation of his right to have decisions delivered in in open court, enshrined in Article 108 of the 2014 Constitution of the Republic of Tunisia, under which “Court hearings are public ... Judgment may only be delivered in open court”. It maintains that this rule has not been respected 22

Sélectionner le paragraphe cible3