Information Note on the Court’s case-law 38
January 2002
Cañete de Goñi v. Spain (dec.) - 55782/00
Decision 15.1.2002 [Section IV]
Article 6
Civil proceedings
Article 6-1
Access to court
Failure to summon as an interested party an applicant adversely affected by the outcome of the proceedings: admissible
The applicant, a teacher of history and geography, passed a competitive teaching examination and was appointed to a senior teaching post. However, on an application for judicial review by some of the failed candidates the Andalusia High Court of Justice ruled in March 1995 that the examination was invalid; the applicant lost her teaching post as a result. She lodged an appeal with the Constitutional Court complaining that she had not been served with notice to attend the hearing before the High Court of Justice as a party interested in the dispute, as required by section 64 § 1 of the Law on Administrative Appeals. Her appeal was declared admissible. However, in September 1999 the Constitutional Court dismissed her appeal on the merits, holding that she had been aware of the proceedings so that the failure to serve her with notice to appear had not infringed Article 24 of the Constitution (right to a fair trial).
Admissible under Article 6 § 1.
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This summary by the Registry does not bind the Court.
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