The applicant had worked with three physiotherapists, and had been asked to pay their social security contributions. Although he was not their employer, the relationship was deemed by the national court to be the social equivalent of employment. He complained that his human rights had been infringed by the long delay in bringing the case to a conclusion. The local Appeal’s tribunal considered that the delay had not prejudiced the applicant. The applicants asserted that the cases had not been dealt with within a reasonable time. The Netherlands government contended that the Convention rights did not apply to such proceedings. In this case the features were predominantly those of private law, and Article 6 applied. As to delay, that was calculated from the time when request for confirmation of the original decision was made. In each case extensions of time had been granted at the request of the applicants. The delays remained excessive given that interest was being charged at greater rates than could be obtained commercially. There had been no unfairness in the nature of the proceedings.
Mr R. Ryssdal, President, Mr R. Bernhardt, Mr B. Walsh, Mr A. Spielmann, Mr S.K. Martens, Mr A.N. Loizou, Mr A.B. Baka, Mr P. Jambrek, Mr K. Jungwiert, and also of Mr H. Petzold, Acting Registrar
(1995) 19 EHRR 432, 19005/91, 19006/91
Bailii
Human Rights
Updated: 15 August 2021; Ref: scu.165347