CEDH · CASELAW;CLIN;ENG — 30 mars 2000

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .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 } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; 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 16 March 2000 Procaccini v. Italy - 31631/96 Judgment 30.3.2000 [Section IV] Article 6 Civil proceedings Article 6-1 Civil rights and obligations Applicant working as caretaker for a State school: Article 6 applicable Reasonable time Length of administrative proceedings: violation Facts : In March 1990 the applicant lodged an application with the Administrative Court. She had worked from 1977 onwards as a caretaker at a State school under several fixed-term contracts. The applicant sought a declaration that there was an employment relationship of unlimited duration, continuation of the employment relationship after the expiry of her current contract and payment of the differences between the remuneration received and that to which she claimed she was entitled. The Administrative Court rejected her claims in a judgment deposited with the registry in November 1997. Law : Article 6 § 1: Applicability – In order to determine the applicability of this Article to public servants, whether established or employed under contract, a functional criterion should be adopted based on the nature of the person’s duties and responsibilities and to ascertain if the post entailed direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities. In this case the duties performed by the applicant as a caretaker had not entailed participation in the exercise of powers conferred by public law. Article 6 was therefore applicable. Length of proceedings – The period to be taken into consideration had started in March 1990 and ended in November 1997, that is to say more than seven years and eight months at a single level of jurisdiction. Conclusion : violation (unanimously). Article 41: The Court awarded 16,000,000   Italian   lire   (ITL) in respect of non-pecuniary damage and ITL   6,000,000 for costs and expenses in the proceedings before the Court.   © 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