Information Note on the Court’s case-law No.
August 1998
Benkessiouer v. France - 26106/95
Judgment 24.8.1998
Article 6
Administrative proceedings
Article 6-1
Civil rights and obligations
Reasonable time
Length of proceedings brought by a Post Office civil servant for judicial review of decisions to refuse him extended sick-leave, to suspend payment of his salary and to put him on notice to return to work or face dismissal, and for damages: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Applicability
Disputes relating to the recruitment, careers and termination of service of civil servants are as a general rule outside the scope of Article 6 § 1.
Applicant’s claims in Administrative Court had been intended mainly to secure quashing of decisions to refuse him extended sick-leave and suspend payment of his salary – grant of such leave would have enabled him to enjoy salary benefits set out in section 34 of the Law of 11 January 1984 making provisions governing the civil service – claims had been for an essentially economic right which did not mainly put in issue the authorities’ special rights.
Applicant’s claims had been civil ones.
Conclusion: Article 6 § 1 applicable (seven votes to two).
B.Compliance
First set of proceedings:
Starting-point: application to Paris Administrative Court.
End: judgment.
Total: four years, five months and fifteen days.
Second set of proceedings, for an interim order:
Starting-point: application to Paris Administrative Court.
End: judgment of Conseil d’Etat.
Total: one year, eleven months and ten days.
Proceedings for interim order had been completed within a reasonable time.
Long period of inactivity attributable to judicial authorities in connection with first set of proceedings – reasonable time exceeded.
Conclusion: violation (seven votes to two).
II.ARTICLE 50 OF THE CONVENTION
Pecuniary damage: no causal link between violation found and damage sustained by applicant.
Non-pecuniary damage: sum awarded on equitable basis.
Conclusion: respondent State to pay applicant a specified sum for non-pecuniary damage (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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