Information Note on the Court’s case-law 10

September 1999

Minchella v. Italy (dec.) - 41838/98

Decision 14.9.1999 [Section IV]

Article 35

Article 35-1

Six-month period

Final domestic decision

Date to be taken in account when calculating the six month period

The applicant complains of the excessive length of proceedings she had instituted for acknowledgement of her right to a pension. The judgment of the Court of Audit terminating the domestic proceedings was delivered on 15 December 1993 and deposited at the registry of that court on the same day. It was sent to the applicant on 27 January 1994 by the Court of Audit and became final one year and forty-fiv e days after it had been deposited with the Registry, that is on 30 January 1995.

Inadmissible under Article 35 § 1: Whether the starting point for lodging the application was taken to be the date on which the judgment had been sent to the applicant or the date on which it had become final, the application had in any event been introduced more than six months after the final domestic decision: time-barred.

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

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