CEDH · CASELAW;CLIN;ENG — 24 août 1998

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. August 1998 Couez v. France - 24271/94 Judgment 24.8.1998 Article 6 Administrative proceedings Article 6-1 Civil rights and obligations Reasonable time Length of proceedings brought by a police officer for judicial review of the authorities’ refusal to regard his sick-leave as having been due to a work-related accident and of the decision requiring him to take unpaid leave of absence: 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 A.   Applicability Disputes relating to the recruitment, careers and termination of service of civil servants are as a general rule outside the scope of Article 6 § 1. Outcome of disputes raised by applicant bound to have decisive effect on his economic rights, since if Administrative Court had quashed authorities’ refusal to regard his sick-leave as having been due to a work-related accident, the rules on civil servants injured in the execution of their duty would have been applied to him and also he would not have been sent on compulsory unpaid leave of absence – dispute had not put in issue the authorities’ special rights. Applicant’s claims had been civil ones. Conclusion : Article 6 § 1 applicable (seven votes to two). B.   Compliance First set of proceedings, concerning authorities’ refusal to regard applicant’s sick-leave as having been due to a work-related accident: Starting-point: application to Amiens Administrative Court. End: judgment. Total: four years, five months and eight days. Second set of proceedings, relating to compulsory unpaid leave of absence: Starting-point: application to Amiens Administrative Court. End: still pending in Nancy Administrative Court of Appeal. Period of inactivity attributable to judicial authorities in connection with first set of proceedings – reasonable time exceeded. Conclusion : violation (seven votes to two). II.   ARTICLE 50 OF THE CONVENTION Pecuniary damage: no causal link between violation found and damage sustained by applicant. Non-pecuniary damage: sum awarded on equitable basis. Conclusion : respondent State to pay applicant a specified sum for non-pecuniary damage (unanimously).   © 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