Information Note on the Court’s case-law 12

November 1999

Municipal Section of Antilly v. France (dec.) - 45129/98

Decision 23.11.1999 [Section III]

Article 34

Non-governmental organisation

Application lodged by a "communal section": inadmissible

The applicant is a local authority district. Such entities are defined as being part of a local authority with their own property and rights and separate legal personali ty. The applicant is represented before the Court by its property administration committee whose role, in the circumstances laid down by statute, is to manage its assets. In 1994 the applicant resolved through its property administration committee to purch ase a parcel of land. That resolution was ruled null and void by an administrative court, which held that the property administration committee did not have decision-making powers in this sphere. Before the Conseil d’État the applicant complained, inter al ia , that the proceedings before the administrative court had been unfair as, owing to a lack of financial resources, it had been unable to seek representation by counsel. The Conseil d’État dismissed its appeal.

Inadmissible under Article 6 § 1 and Article 1 of Protocol No. 1. A local authority district had the characteristic features of a public-law legal entity, in particular, in that it administered collective assets and rights in the general interest of the local population. It was consequently a “gover nmental organisation” and therefore did not come within the classes of potential applicants listed in Article 34 of the Convention. To the extent that it acted in its own name, the property administration committee was defending collective interests and wa s therefore distinguishable from the “groups of people” having a common interest referred to in Article 34: inadmissible rationae personae .

© 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