Information Note on the Court’s case-law
March 1997
Neigel v. France - 18725/91
Judgment 17.3.1997
Article 6
Article 6-1
Civil rights and obligations
Length of proceedings for reinstatement and for payment of salary instituted by civil servant working for town council who had been granted leave of absence: 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.]
A.Whether there was a dispute (contestation) over a "right"
Recapitulation of Court's case-law - point not contested in instant case.
B.Whether applicant's right was a "civil" one
In the law of many member States of Council of Europe there is a basic distinction between civil servants and employees governed by private law - Court has consequently held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 § 1.
Applicant had essentially been seeking reinstatement to permanent post of shorthand typist she had held previously, which had been refused by town council - she had thus raised a dispute relating to her recruitment, her career and the termination of her service, which therefore did not concern a civil right within meaning of Article 6 § 1 - payment of salary applicant would have received if reinstated directly dependent on prior finding that refusal to reinstate unlawful.
Conclusion : Article 6 § 1 not applicable (eight votes to one).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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