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 exp iry 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 : Artic le 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 a nd 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.

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