Information Note on the Court’s case-law No.
September 1998
Malige v. France - 27812/95
Judgment 23.9.1998
Article 6
Criminal proceedings
Article 6-1
Access to court
Criminal charge
Deduction of one-third of the points allocated to a driving licence resulting from the offence of exceeding the speed limit by 40 kph or more: Article 6 § 1 applicable; no 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.]
A.Applicability
Court had to determine whether sanction of deducting points from driving licences was a punishment, and accordingly whether it was criminal within meaning of Article 6 § 1.
Three criteria used to determine whether there is a “criminal charge”: legal classification of offence in question in national law, very nature of offence and nature and degree of severity of penalty.
In present case offence leading to deduction of points, namely exceeding speed limit, was criminal in nature – with regard to classification in French law of deduction of points, measure in question, considered in isolation, was regarded as an administrative sanction not connected with criminal law – with regard to nature of penalty, points were deducted in context of, and after outcome of, a criminal prosecution, this being an automatic consequence of conviction pronounced by criminal court – with regard to level of severity, deduction of points could in time entail invalidation of driving licence – right to drive a motor vehicle very useful in everyday life and for carrying on an occupation – deduction of points therefore had a punitive and deterrent character and was similar to a secondary penalty.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1.Preliminary objection (non-exhaustion of domestic remedies)
Question whether applicant had a remedy to challenge lawfulness of deduction of points was same in substance as complaint he submitted to Court.
2.Merits of the complaint
In present case, applicant had not paid fixed fine and partial loss of points thus depended on finding of his guilt being made by criminal courts – in Versailles Police Court and Versailles Court of Appeal, criminal courts satisfying requirements of Article 6 § 1, applicant was able to deny that he had committed criminal offence of exceeding speed limit
– offence entailed deduction of four of licence’s twelve points, so measure could not be described as disproportionate: it did not lead immediately to disqualification and applicant could win back points.
A review sufficient to satisfy requirements of Article 6 § 1 was incorporated in decision convicting applicant, to whom, moreover, it was open to seek judicial review in administrative courts in order to ascertain whether administrative authority had acted after following a lawful procedure.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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