Information Note on the Court’s case-law No.
November 1992
Giancarlo Lombardo v. Italy - 12490/86
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.ARTICLE 6 § 1 OF THE CONVENTION ("REASONABLE TIME")
A.Applicability
Obligation on State to adjust pension paid to former judge 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 eight years and four months, including two sets of proceedings in the Constitutional Court.
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).
II.ARTICLE 50 OF THE CONVENTION
Non-pecuniary damage sufficiently compensated by finding of violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy