CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 mai 2014

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }     Communicated on 28 May 2014   THIRD SECTION Application no. 29642/09 Gheorghe NECULA against Romania lodged on 3 August 2006 STATEMENT OF FACTS The applicant, Mr Gheorghe Necula, is a Romanian national, who was born in 1955 and lives in Galați. The facts of the case, as submitted by the applicant, may be summarised as follows. On 9 March 2004 the Ministry of Defence admitted the applicant’s request for early retirement on medical grounds. On 24 August 2004 the Ministry issued a decision by which it established the applicant’s pension rights. The applicant challenged the decision claiming that several benefits to which he was entitled had not been taken into account at the calculation of his pension. The Ministry dismissed his complaint on 16   November   2004. In an action against the Ministry of Defence, the applicant claimed the annulment of the decision of 24 August 2004 and the re-calculation of his retirement pension. In a judgment of 6 May 2005 the Galați County Court partly allowed the applicant’s action; it ordered the annulment of the decision and the re-calculation of the applicant’s pension rights but dismissed a part of the applicant’s claims. Both the applicant and the Ministry of Defence lodged an appeal on points of law with the Galați Court of Appeal. At a hearing held on 21 November 2005 the applicant asked the dismissal of the ministry’s appeal on points of law as submitted outside the statutory term. He also lodged a written request in this respect. On 12 January 2006 the court of last resort allowed the appeal on points of law lodged by the Ministry of Defence without making any reference to the applicant’s submission that it had been submitted outside the statutory term. COMPLAINT The applicant complains under Article 6 § 1 of the Convention that his request for dismissal of the appeal on points of law lodged by the Ministry of Defence as belated was completely ignored by the domestic court of last resort. QUESTION TO THE PARTIES Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article   6   §   1 of the Convention, in so far as the domestic court of last resort did not analyse the applicant’s objection of non-observance by the Ministry of Defence of the statutory term for lodging an appeal on points of law?