Information Note on the Court’s case-law No.
June 1998
Cazenave de la Roche v. France - 25549/94
Judgment 9.6.1998
Article 6
Administrative proceedings
Article 6-1
Reasonable time
Length of compensation proceedings brought against the State by a contract civil servant after her name had been removed from list of staff serving overseas: 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
The compensation proceedings brought by the applicant had not concerned the refusal to establish her as a State civil servant – only purpose of her action had been to obtain reparation for damage caused by removal of her name from list of staff serving overseas, a dismissal held to have been unlawful by the Conseil d’Etat – right to compensation had arisen after termination of her service – culpable act of the State had given rise to an obligation to the applicant – right purely economic and therefore a civil one.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1.Period to be taken into consideration
Starting-point: submission of preliminary claim to Minister for Foreign Affairs.
End: judgment of Paris Administrative Court of Appeal.
Total: eight years, nine months and two weeks.
2.Reasonableness of length of proceedings
Complexity of case: none.
Conduct of applicant: had not caused any delay.
Conduct of national authorities: two years and ten months for ruling by Administrative Court, one year and three months for service of a judgment and nearly two years in the Administrative Court of Appeal exceeded a reasonable time.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage – Anxiety caused by excessive length of proceedings: compensation awarded.
B.Costs and expenses – Claim allowed.
Conclusion: respondent State to pay applicant specified sums (unanimously).
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This summary by the Registry does not bind the Court.
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