Information Note on the Court’s case-law No.
August 1993
Scuderi v. Italy - 12986/87
Judgment 24.8.1993
Article 6
Article 6-1
Reasonable time
Length of "civil" proceedings in a Regional Administrative Court: 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: application to Regional Administrative Court.
End: expiry of time for appeal by counsel for the State.
Result: more than four years and five months.
B.Relevant criteria
Reasonableness of length of proceedings - to be determined with reference to the 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.
Case not complex - applicant's conduct had not contributed to slowing down proceedings - long period of inactivity and total length too great for a single level of jurisdiction.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Pecuniary damage: no proof of causal link with the breach that had been found.
B.Non–pecuniary damage: compensation awarded.
C.Costs and expenses: applicant had not sought reimbursement - Court did not have to consider issue of its own motion.
Conclusion: respondent State to pay a specified sum to the applicant (unanimously).
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This summary by the Registry does not bind the Court.
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