APPLICATION/REQUETE N» 11678/85 SYNDICAT CFDT des Etablissements et Arsenaux ) v/FRANCE du Val de Marne. Jacques VESQUE ) c/FRANCE DECISION of 7 December 1987 on the admissibility of the application DECISION du 7 décembre 1987 sur la recevabilité de la requête Article 6, paragraph î of the Convention The right of a trade union to obtain from an employer information about a particular category of staff is not a civil right Article 6. paragraphe 1. de la Convention Le droit pour un syndicat d'obtenir de l'employeur des informations concernant une certaine catégorie de personne! n'est pas un droit de caractère civil Summarv of the relevant facts The applicant, the trade union CFDTfor the Establishments and Arsenals of the Val de Marne, at the Central Technical Establishment for Armaments (ETCA), in 1980 unsuccessjully requested the Director of ETCA to transmit decisions granting personalised increases ("augmentations personnalisées") to some members. The union instituted proceedings before the Administrative Court of Pans. which in 1982 quashed the decision to refiise to transmit. 99 On appeal by the Minister for Defence, under whom ETCA comes, the Conseil d'Etat quashed the Administrative Court's judgment in January 1985 and declared the union's request madrn^sible on the ground that it had failed to firstly refer the matter to the Commission on access to administrative documents, set up under the Law of 17 July 1978 (TRANSLATION) THE LAW (Extract) 3 The applicant trade union jalso] complains that its case was not gi\en a fair hearing by an impartial tribunal In this connection ~ raises several complaints concerning the proceedings before the Conseil d btal and relies on Article 6 para 1 of the Convention The Commission recalls that the right to a fair hearing as enshrined in Art icle 6 para 1 of the Convention applies to proceedings in which a court determines civil rights or obligations or criminal charges It IS scarcely necessary to point out that the proceedings in question did not concern the determination of a criminal charge against the applicant trade union As to the question whether m the course of the said proceedings the competent tribunals had to determine civil rights or obligations, the Commission notes that the purpose of the action brought by the applicant trade union in the administrative courts was to secure a ruling that it was entitled to be notified of individual decisions concerning the promotion of members of a particular category of ETCA staff In the Commission s view, it is clear that a trade union's right to obtain from an employer information about a particular categorv of statf is not a civil right within ihe meaning of Article 6 para 1 of the Convention It follows that Article 6 para 1 is inapplicable to this part of the application, which must accordingly be rejected in pursuance of Article 27 para 2 as being incompatible raiione matenae with the provisions of the Convention 100