GARCÍA ESPINAR v. SPAIN
Doc ref: 73808/17 • ECHR ID: 001-191599
Document date: February 12, 2019
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Communicated on 12 February 2019
THIRD SECTION
Application no. 73808/17 Javier GARCÍA ESPINAR against Spain lodged on 6 October 2017
SUBJECT MATTER OF the CASE
The application concerns the enforcement of a final domestic court ’ s judgment rendered in the applicant ’ s favour. The applicant had been unable to take part in a competitive examination (announced in 2009) for admission to the police academy, owing to the age limit. On 21 March 2011 (proceedings no. 626/2009), the Supreme Court declared the age limit on candidates null and void, and recognised the applicant ’ s right not to be excluded from the 2009 public examination on account of his age.
To enforce this judgment, the authorities invited the applicant to take the first test (a physical fitness test) on 7 February 2012. The applicant claims that the invitation was served on him after the scheduled test date had passed .
QUESTION s to the parties
Was the judgment of the Supreme Court of 21 March 2011 (proceedings no. 626/2009) enforced within a reasonable t ime, as required by Article 6 § 1 of the Convention? In particular, having regard to the applicant ’ s claim that the decision informing him of the date for testing his physical fitness was served on him only after the scheduled test date had passed, has there been a breach of the applicant ’ s right under Article 6 § 1 of the Convention?