Richard-Dubarry v. France (dec.)

Avrupa İnsan Hakları Mahkemesi

Karar Metni

Information Note on the Court’s case-law 57

October 2003

Richard-Dubarry v. France (dec.) - 53929/00

Decision 7.10.2003 [Section II]

Article 6

Civil proceedings

Article 6-1

Civil rights and obligations

Proceedings concerning a mayor’s management of the accounts of municipal associations: Article 6 applicable

By virtue of her position as mayor, the applicant was ex officio chairperson of municipal associations which received subsidies from the municipal council. The regional audit office found the applicant de facto accountable for public monies which seemed to have been unlawfully used by various associations. The applicant was found jointly and severally liable with other persons for certain sums, and was ordered to return these to the municipal treasury. The applicant lodged appeals with the Audit Court and, in respect of certain cases, appealed to the Conseil d’Etat on points of law.

Admissible under Article 6 § 1: The Court dismissed the Government’s objection contesting the applicability of this Article. It noted that there was a genuine and serious dispute, the outcome of which was decisive as regards the applicant’s obligation to return the sums for which she had been found liable towards the State. The Court then held that this dispute concerned civil rights and obligations. As ex officio chairperson of municipal associations in receipt of public subsidies, the applicant had not taken part in exercising public authority, nor had she discharged tasks serving the public interest; as an elected representative, she had no hierarchical relationship with the State. The Court emphasised that the applicant was in fact in a financial dispute with the State and could be regarded as having committed a tort causing the State Treasury to sustain a loss which she was obliged to make good. Accordingly, Article 6 was applicable (civil aspect).

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