G.T.B. v. SPAIN JUDGMENT
the lack of documentation certifying his identity is the cause of the applicant’s neuronal
pathology, which apparently affects him, and therefore it is not possible to establish
State liability as claimed.”
VII. JUDICIAL PROCEEDINGS FOR STATE LIABILITY
64. On 27 January 2016 the applicant brought judicial administrative
proceedings, appealing against the implied rejection of his claim for State
liability. His appeal was subsequently extended to cover the express rejection
in accordance with the aforementioned decision of 7 July 2016. On
6 September 2016, the applicant increased the amount claimed to
EUR 1,288,088.41, which included damage to his professional life in 2015
and 2016, as well as “damage caused by the non-compliance of the public
authorities with their guardianship duties” (the latter amounted to
EUR 358,051.60, without any further detail given as to how he had calculated
it).
65. On 22 May 2017 the Audiencia Nacional declared the applicant’s
appeal inadmissible in a judgment that noted the conditions that had to be met
in order for a claim for State liability to be successful in accordance with the
regulations in force: (i) real, economically quantifiable and individualised
damage had been sustained by a person who had no legal duty to bear it;
(ii) the damage had to be the result of the normal or abnormal operation of
public services, and not caused by force majeure; (iii) there had to be a causal
link between the functioning of the public service concerned and the damage
or injury – it therefore had to be determined whether there was a causal link
between the functioning of the public service and the damage or injury
alleged, that is, whether it was attributable to the public authorities; and (iv) a
period of one year had not elapsed between the occurrence of the damage and
the time when the action for damages had been brought.
66. Next, the Audiencia Nacional assessed whether the burden of proving
economically quantifiable and individualised damage had been met by
the applicant. It found that this had not been duly proved, on the basis that
the applicant had merely quantified the damage he had allegedly suffered (for
the time spent without an ID card, his mental illnesses, the education
certificates he had been unable to obtain, or the jobs he had been unable to
find) but had not provided any explanation as to how he had come up with
that amount. The Audiencia National considered that the applicant was
confusing pecuniary damage (allegedly caused by his losing or being unable
to start certain jobs) and non-pecuniary damage (based on his suffering) but
had not explained any of the amounts he had claimed.
67. Moreover, it observed that in his initial administrative complaint
(the applicant had not raised any allegations of non-compliance by the public
authorities with their duties of protection while he had been under their watch
(while serving the criminal measures imposed on him), and that he therefore
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