PEDUZZI AND ARRIGHI v. ITALY - 18166/09 - Committee Judgment (French text) [2014] ECHR 480 (13 May 2014)

PEDUZZI AND ARRIGHI v. ITALY - 18166/09 - Committee Judgment (French text) [2014] ECHR 480 (13 May 2014)

The Court found that the legislative intervention, which retroactively resolved the substance of the dispute to the applicants' detriment while proceedings were pending, was not justified by compelling reasons of general interest and thus violated Article 6 § 1 ECHR.

Source-derived case information.

Citation
[2014] ECHR 480
Parties
Applicant: Liliana Peduzzi; Applicant: Giampaolo Arrighi; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 6 § 1 ECHR; no separate examination of Article 14; partial award of costs and expenses; no award for pecuniary or non-pecuniary damage beyond finding of violation.
Legal Topics
Right to a Fair Trial, Discrimination, Retroactive Legislation, Recognition of Seniority, Public Sector Employment
Human Rights Law Labour Law Administrative Law Right to a Fair Trial Discrimination Retroactive Legislation Recognition of Seniority Public Sector Employment

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Parties

Liliana Peduzzi

Applicant

Giampaolo Arrighi

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether legislative intervention during pending proceedings violated the right to a fair trial under Article 6 § 1 ECHR
  2. 2 Whether applicants suffered discrimination contrary to Article 14 ECHR

Ratio Decidendi

The Court found that the legislative intervention, which retroactively resolved the substance of the dispute to the applicants' detriment while proceedings were pending, was not justified by compelling reasons of general interest and thus violated Article 6 § 1 ECHR.

Court Disposition

Violation of Article 6 § 1 ECHR; no separate examination of Article 14; partial award of costs and expenses; no award for pecuniary or non-pecuniary damage beyond finding of violation.

Orders

  • The respondent State must pay jointly to the applicants, within three months, 1,000 EUR plus any tax chargeable, for costs and expenses.
  • From expiry of the three-month period until payment, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.