Information Note on the Court’s case-law No.
September 1997
Orlandini v. Italy - 25833/94
Judgment 2.9.1997
Article 6
Article 6-1
Civil rights and obligations
Length of proceedings in the administrative courts: Article 6 § 1 non 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. It also covers the following judgments of 2 September 1997 against Italy: Spurio (23217/94), Gallo (25575/94), Zilaghe (25590/94), Laghi (25831/94), Viero (25832/94), and Ryllo (25834/94)]
Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly 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.
Applicants sought: declaration that administrative authorities had acted unlawfully (Spurio), backdating of pecuniary advantages of a promotion (Orlandini), judicial review of administrative authorities’ decision refusing reinstatement in former post (Ryllo), or judicial review of one or more decisions of administrative authorities assigning applicants to a particular rank (Laghi) or staff category (remaining cases) – they thus raised disputes related to their recruitment, careers or termination of service which did not concern a civil right within meaning of Article 6 § 1 – payment of difference in salary (Spurio, Viero and Orlandini) or pecuniary advantages of promotion (Orlandini only) directly dependent on prior finding that administrative authorities had acted unlawfully.
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.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy