Communicated on 25 November 2019
FIFTH SECTION
Applications nos. 69808/17 and 7666/18
COMINO UNTERNEHMENSBERATUNG ERWACHSENENBILDUNG GMBH
and Hilda ENZENHOFER against Austria
lodged on 19 September 2017 and 1 February 2018 respectively
SUBJECT MATTER OF THE CASE
The applications concern the legal classification of the professional relations established between the first applicant company and, inter alia, the second applicant (no. 7666/18) as employment contracts under social security law. Both applicants contested the findings of the Vorarlberg Health Insurance Board (Vorarlberger Gebietskrankenkasse) and requested in a second set of proceedings before the Federal Administrative Court (Bundesverwaltungsgericht) an oral hearing to be held. The Federal Administrative Court dismissed their request, stating that an oral hearing would clearly not have led to a further clarification of the relevant facts. The Constitutional Court (Verfassungsgerichtshof) as well as the Administrative Court (Verwaltungsgerichtshof) refused dealing with the applicants’ complaints.
The applicants claim that their right to a fair trial under Article 6 § 1 of the Convention has been violated as no oral hearing has been held in their case.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to an oral hearing, as guaranteed by Article 6 § 1 of the Convention (Ramos Nunes de Carvalho e Sá v. Portugal [GC], nos. 55391/13 and 2 others, § 190, 6 November 2018; Emmer-Reissig v. Austria, no. 11032/04, §§ 27-31, 10 May 2007)?
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