Information Note on the Court’s case-law

September 1997

Ryllo v. Italy - 25834/94

Judgment 2.9.1997

Article 6

Article 6-1

Civil rights and obligations

Le ngth of proceedings in the administrative courts: Article 6 § 1 non applicable

[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-La w Information Note summaries. It also covers the following judgments of 2 September 1997 against Italy: Spurio (23217/94), Gallo (25575/94), Zilaghe (25590/94), Laghi (25831/94), Viero (25832/94) and Orlandini (25833/94)]

Basic distinction in law of many m ember States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 § 1.

Applicants sought: declaration that administrative authorities had acted unlawfully ( Spurio ), backdating of pecuniary advantages of a promotion ( Orlandini ), judicial review of administrative authorities’ decision refusing reinstatement in former post ( Ryllo ), or judicial review of one or more decisions of administrative authorities assigning applicants to a particular rank ( Laghi ) or staff category (remaining cases) – they thus raised disputes related to their recruitment, careers or termi nation of service which did not concern a civil right within meaning of Article 6 § 1 – payment of difference in salary ( Spurio, Viero and Orlandini ) or pecuniary advantages of promotion ( Orlandini only) directly dependent on prior finding that administrative authorities had acted unlawfully.

Conclusion : Article 6 § 1 not applicable (eight votes to one).

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

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