Information Note on the Court’s case-law 20

July 2000

S.M. v. France - 41453/98

Judgment 18.7.2000 [Section III]

Article 6

Civil proceedings

Article 6-1

Reasonable time

Length of administrative proceedings: violation

Facts : The case concerns the length of administrative proceedings initiated by the applicant, a medico-social secretary in a departmental social services office. The proceedings mainly concern ed the amount of the applicant’s retirement pension, following a refusal to establish her in a certain category. The proceedings lasted more than 12 years and 9 months.

Law : Article 6 § 1 – the applicant’s duties did not involve participation in the exerc ise of public authority and, in any event, the proceedings in issue mainly concerned the amount of her retirement pension. All pension disputes fall within the scope of Article 6, because once retired a servant breaks his special link with the administrati on. Article 6 is applicable. A number of periods of inactivity can be attributed to the judicial authorities and neither the complexity of the case nor the applicant’s conduct can explain the time taken.

Conclusion : violation (unanimously).

Article 41 – Th e Court saw no connection between the violation and any pecuniary harm which the applicant may have sustained and rejected her claims under that head. The Court awarded the applicant a sum of 40,000 francs (FRF) in respect of non-pecuniary harm. It further considered that there was no need to reimburse the costs incurred in the domestic proceedings, since these were not incurred for the purpose of remedying the violation found.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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