Information Note on the Court’s case-law No.
November 1992
Francesco Lombardo v. Italy - 11519/85
Judgment 26.11.1992
Article 6
Article 6-1
Reasonable time
Length of civil proceedings in Court of Audit: 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.GOVERNMENT'S PRELIMINARY OBJECTION (NON-EXHAUSTION OF DOMESTIC REMEDIES)
Withdrawn by Government at hearing; Court could not examine of own motion.
II.ARTICLE 6 § 1 OF THE CONVENTION ("REASONABLE TIME")
A.Applicability
Obligation on State to pay pension to public servant in accordance with legislation in force: State not using discretionary powers - comparable to employer party to contract of employment governed by private law - right in issue a civil right.
Conclusion: applicable (unanimously).
B.Compliance
1.Period to be taken into consideration
Starting-point: institution of proceedings in Court of Audit.
End: filing of judgment.
Total duration: approximately eleven and a half years.
2.Applicable criteria
Reasonableness of length of proceedings: to be assessed with reference to criteria laid down in Court's case-law and in light of circumstances of case, which in this instance called for an overall assessment.
Complexity of case not in itself justifying length of proceedings - delays so substantial that overall length of proceedings excessive.
Conclusion: violation (unanimously).
III.ARTICLE 50 OF THE CONVENTION
Applicant made no claim.
Conclusion: no need to apply Article 50 of Court's own motion (unanimously).
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This summary by the Registry does not bind the Court.
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