Comité de filtrage/Screening Panel
AFFAIRE FISCHER c. AUTRICHE (Nº 2)
CASE OF FISCHER v. AUSTRIA (No. 2)
(55/1998/958/1173)
DECISION
STRASBOURG
1er septembre/September 1998
In the case of Fischer v. Austria (no. 2)[1],
The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B[2],
Sitting in private at Strasbourg on 26 August 1998, and composed of the following judges:
MrA.N. Loizou, Chairman,
MrF. Matscher,
MrJ.M. Morenilla,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Republic of Austria lodged with the Court on 15 May 1998 by an Austrian national, Mr Josef Fischer, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;
Whereas Austria has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;
Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 § 1 (a) or (d) of the Convention;
Having regard to the Commission’s report of 14 January 1998 on the application (no. 26252/95) lodged with the Commission by Mr Fischer on 9 December 1994;
Whereas the applicant complained that he had not had a public hearing in the Austrian Administrative Court, and alleged a breach of Article 6 § 1 of the Convention, under which “In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing … by [a] … tribunal…”;
Whereas the applicant, in specifying the object of his application, as required by Rule 34 § 1 (a) of Rules of Court B, (i) stated that he sought a decision by the Court having regard in particular to the fact that the new wording of section 39(2) of the Administrative Court Act was designed to empower the Administrative Court to refuse to hold a hearing, contrary to Article 6 § 1 of the Convention, and (ii) requested the Court to order the respondent State to pay him just satisfaction by way of compensation for the pecuniary and non-pecuniary damage he had allegedly sustained and reimbursement of his costs and expenses;
Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,
1.Finds that
(a)the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the right to a public hearing within the meaning of Article 6 § 1 of the Convention; and
(b)the case does not, for any other reason, warrant consideration by the Court as, in the event of a finding that there has been a breach of the Convention, the Committee of Ministers of the Council of Europe can award the applicant just satisfaction, having regard to any proposals made by the Commission;
2.Decides, therefore, unanimously, that the case will not be considered by the Court.
Done in English and in French, and notified in writing on 1 September 1998 pursuant to Rule 34 § 4 of Rules of Court B.
Signed: Andreas Nicolas Loizou
Chairman
Signed: Herbert Petzold
Registrar
[1]Notes by the Registrar
. The case is numbered 55/1998/958/1173. The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.
[2]. Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.
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