Deumeland v Germany: ECHR 29 May 1986

Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death in an industrial accident.
Held: ‘The widow . . was not affected in her relations with the public authorities as such, acting in the exercise of discretionary powers, but in her personal capacity as a private individual. She was claiming a right flowing from specific rules laid down by the legislation in force. The right in question was a personal, economic and individual right, a factor that brought it close to the civil sphere.’
9384/81, [1986] ECHR 3, (1986) 8 EHRR 448
Worldlii, Bailii
European Convention on Human Rights 6
Human Rights
Not FollowedBuchholz v Germany ECHR 6-May-1981
The ECHR did not apply to rights determined by a constitutional court because of their constitutional nature. . .

Cited by:
CitedTomlinson and Others v Birmingham City Council SC 17-Feb-2010
The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that . .
CitedG, Regina (on The Application of) v X School SC 29-Jun-2011
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.164953