Information Note on the Court’s case-law No. 144
August-September 2011
Sabri Güneş v. Turkey (referral) - 27396/06
Judgment 24.5.2011 [Section II]
Article 35
Article 35-1
Six month period
Calculation of time-limit when final day is not a working day: case referred to the Grand Chamber
The dies ad quem, that is the day on which the six-month period expired, was a Sunday. The applicant therefore lodged his application with the European Court on the first working day thereafter, namely the Monday.
In a judgment of 24 May 2011 a Chamber of the Court noted, firstly, that the Government had not relied on failure to comply with the six-month period. However, that was a matter of public policy and the Court had jurisdiction to apply it of its own motion. It considered that the applicant could not be criticised for having lodged his application on the first working day following the Sunday, in accordance with domestic law and practice. Consequently, it was more consistent with the object and purpose of Article 35 to conclude that the six-month period should be extended to the first working day thereafter. The time-limit had therefore been complied with. Accordingly, the Court concluded, by five votes to two, that there had been a violation of Article 6 § 1.
On 15 September 2011 the case was referred to the Grand Chamber at the request of the Government.
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This summary by the Registry does not bind the Court.
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