Information Note on the Court’s case-law No.
April 1995
Paccione v. Italy - 16753/90
Judgment 27.4.1995
Article 6
Administrative proceedings
Article 6-1
Reasonable time
Length of proceedings in the 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.Period to be taken into consideration
Starting-point: date of appeal to the Court of Audit.
End: depositing of judgment.
Total: nearly seven years and eleven months.
B.Applicable criteria
Reasonableness of length of proceedings: to be determined with reference to criteria laid down in Court's case-law and in the light of the circumstances of the case, which in this instance called for an overall assessment.
Applicant's conduct: two adjournment requests - first justified by short interval between notification of hearing date and last day for lodging documents for that hearing - second caused delay of just under eleven months.
Complexity of the case: difficulties that authorities may have experienced not relevant - failure to satisfy a condition of admissibility should have been noted by Court of Audit immediately.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
Failure to comply with time-limit laid down in Rules of Court for submission of claims for just satisfaction.
Conclusion: claim dismissed (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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