claim on the grounds that it found no causal link between his work and the state of his health. It noted that Mr.
Spoltore filed appeals against the ruling, which were dismissed on August 16, 2000.
17.
The State added that on September 16, 1997, Mr. Spoltore filed a disciplinary complaint
against the Labor Tribunal, in which it was found that actions attributable to the Tribunal had caused
unjustified delays in two specific formalities and, on account of which, the decision to “reprimand” the clerk of
the Tribunal was taken.
18.
The State claimed that those findings did not mean that there was an unwarranted delay in
the judicial proceedings as a whole. It added that the admission could not be extended to all the other
formalities in the proceedings and that the time taken by other stages must be seen in light of the particular
circumstances of the case.
19.
The State noted that in addition to the respondent company, the proceedings involved three
insurance companies as third-party respondents, which meant that all the proceedings had to be placed before
all the co-defendants and that each one of them had to be afforded the possibility of lodging the remedies and
objections allowed to them by law. The State indicated that it could not be blamed for the delays in summoning
the insurances companies since those delays were due to the actions of the respondent company in failing to
provide all the information on the insurance policies it held. It added that one of the third-party insurance
companies appeared while undergoing corporate reorganization while the main respondent had declared an
arrangement with its creditors and had even changed its corporate name. The State claimed that several
formalities were challenged, repeated, or delegated to experts’ offices in another jurisdiction. Based on the
foregoing, it maintained that the time taken to process the case was neither excessive nor unreasonable.
20.
The State indicated that many of the evidentiary formalities carried out during the
proceedings were proposed by Mr. Spoltore. It added that the delays that occurred in the proceedings were due
to the complexity of the case, to the issue at hand, to the large number of parties involved in the case, to the
normal and regular exercise of the powers of each of the parties, and to the attention paid by the Tribunal to
all of their contentions. Moreover, the State contended that the petitioner had failed to press his case. It stated
that in Argentina, proceedings before labor tribunals, like all other cases before the civil courts, are governed
by the principle of the impetus of the parties.
21.
The State explained that this does not relieve it of the duty of guaranteeing that all judicial
proceedings are dealt with within a reasonable time, but that this does not mean that particular attention need
not be paid to the procedural activity of the interested party. It claimed that Mr. Spoltore could have lodged
countless motions seeking the resolution of the delays in the disciplinary proceedings, which he failed to do.
The State added that on November 11, 1992, the medical expert indicated the need for Mr. Spoltore to undergo
a psychological examination and that, once again, there was no further activity in the case until March 23, 1993.
22.
The State claimed that six hearings were scheduled. The first hearing, it claimed, was set for
May 10, 1995, and the case file does not explain the reason why it was deferred. The second hearing, the State
contended, was deferred by Mr. Spoltore, because an evidentiary formality was still pending. It noted that the
third hearing was deferred because the respondent had informed the Tribunal of the initiation of the
arrangement with its creditors and had requested deferral. The State reported that the fourth hearing was
deferred because the commercial court involved in processing the creditors’ arrangement had failed to respond
to a notice that it was sent. It stated that the fifth was deferred, without specifying the reasons. Finally, it
reported that on June 3, 1997, the hearing in the proceedings took place. The State noted that between the first
hearing and the last, a total of 2 years and 23 days passed. However, the case record does not indicate any
challenges made by the petitioner to the dates set for the hearings or to the deferrals.
IV.
PROVEN FACTS
3