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DISPUTE CONCERNING A DECISION BY THE CIVIL AVIATION MEDICAL BOARD ON AIR HOSTESS’S RIGHT TO COMPENSATION FOR DISABILITY
No v iolation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights
Under Article 41 (just satisfaction) of the Convention, the Court held that the finding of a violation sufficed to compensate the non-pecuniary damage sustained by the applicant, and awarded her 1,500 euros for costs and expenses. (The judgment is available only in French.)
The civil aviation medical board is a collegial body governed by the Code of Civil Aviation. It forms part of the Ministry of Transport and is made up of doctors who are appointed by the Minister. It studies and coordinates physiological, medical, medico-social and health issues of interest to civil aviation, particularly with regard to flight personnel and passengers, and, generally, the question of health inspections. It rules, among other things, on the permanent nature of airline employees’ medical incapacity and takes decisions on the attribution of accidents at work.
Ms Chaudet was entitled to have her claims examined by a tribunal which met the requirements of Article 6 § 1, since they were genuinely aimed at obtaining payment of compensation provided for by law.
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