Information Note on the Court’s case-law No.
June 1998
Maillard v. France - 26586/95
Judgment 9.6.1998
Article 6
Civil proceedings
Article 6-1
Civil rights and obligations
Length of proceedings brought by a professional serviceman to secure revision of an assessment and retrospective adjustment of his career: Article 6 § 1 not applicable
[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.]
Common ground that there had been a “contestation” (dispute) over a “right” – only issue was whether the right in question had been a “civil” one.
Disputes concerning recruitment, careers and termination of service of civil servants are as general rule outside scope of Article 6 § 1. That applied to French professional servicemen.
Applicant’s disputes had related to his assessment for 1983 and its consequences for his promotion – they had therefore primarily concerned his career – pecuniary implications of outcome of relevant proceedings did not suffice to make those proceedings “civil” ones.
Conclusion: Article 6 § 1 not applicable (unanimously).
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This summary by the Registry does not bind the Court.
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