Information Note on the Court’s case-law No.
October 1995
Gradinger v. Austria - 15963/90
Judgment 23.10.1995
Article 6
Administrative proceedings
Article 6-1
Access to court
Criminal charge
Criminal and administrative criminal proceedings for causing death by negligence and driving under the influence of drink: Article 6 § 1 applicable; violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Applicability
1.Whether there was a "criminal charge"
Offences in issue and procedures followed: fell within administrative sphere but were nevertheless criminal in nature, as was reflected in the terminology - fine imposed had been accompanied by an order for committal to prison in the event of default.
2.Austria's reservation in respect of Article 5 of the Convention
Mentions only Article 5 and makes express reference solely to measures for the deprivation of liberty - in the instant case a substantive provision not specified in the reservation had been applied.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1.Access to a tribunal
Constitutional Court: lacked "full jurisdiction".
Administrative Court: powers to be assessed in the light of the criminal nature of the case - when compatibility with Article 6 § 1 is being gauged, regard must be had to the complaints raised by the applicant as well as to the defining characteristics of a "judicial body that has full jurisdiction" - no power to quash in all respects, on questions of fact and law, the decision of the body below.
Conclusion: violation (unanimously).
2.Lack of a hearing and failure to take evidence from witnesses
Having regard to the foregoing conclusion, unnecessary to examine the complaint.
Conclusion: unnecessary to examine complaint (unanimously).
II.ARTICLE 4 OF PROTOCOL NO. 7
A.Reservation in respect of Article 4
No "brief statement" of the law said not to conform to Articles 3 and 4 of Protocol No. 7 - "declaration" does not afford to a sufficient degree "a guarantee ... that it does not go beyond the provisions expressly excluded" by Austria.
B.Applicability ratione temporis
Second set of proceedings had reached their conclusion in a decision later in date than the entry into force of Protocol No. 7.
Conclusion: Article 4 of Protocol No. 7 applicable (unanimously).
C.Compliance
Applicant's intoxication: not made out according to the Regional Court but administrative authorities had found that the relevant alcohol level had been attained - provisions in question differed as regards the designation of the offences and also as regards their nature and purpose - offence provided for in section 5 of the Road Traffic Act represented only one aspect of the offence punished under Article 81 § 2 of the Criminal Code - nevertheless, impugned decisions had been based on same conduct.
Conclusion: violation (unanimously).
III.ARTICLE 50 OF THE CONVENTION
Costs and expenses: reimbursement in part.
Conclusion: respondent State to pay a specified sum to the applicant (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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