Nicholas Khan and Brian Kennelly look at how ECJ and CFI decisions increasingly have to pay heed to the ECHR.

Although Strasbourg is just 120 miles down the road from Luxembourg, for years there was little sign that the European Court of Justice (ECJ) and the Court of First Instance (CFI) were open to direct influence from the rulings of the European Court of Human Rights (ECHR) on the right to a fair trial under Article 6 of the European Convention on Human Rights (the convention) as regards direct access to the ECJ or CFI by private parties.