Information Note on the Court’s case-law No.
February 1997
Mauer v. Austria - 16566/90 and 16898/90
Judgment 18.2.1997
Article 6
Administrative proceedings
Article 6-1
Access to court
Fair hearing
Administrative criminal proceedings for traffic offences: 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.SCOPE OF THE CASE BEFORE THE COURT
Third set of proceedings referred to by applicant not encompassed by either of the Commission's decisions on admissibility.
Conclusion: no jurisdiction to consider applicant's complaints in so far as they relate to these proceedings (unanimously).
II.ARTICLE 6 §§ 1, 3 (C) AND (D) OF THE CONVENTION
Substantive issues to be decided the same way as in recent similar cases against the same respondent State.
Conclusion: violation of Article 6 § 1 - not necessary to rule on the allegations of violation of Article 6 § 3 (c) and (d) respectively (unanimously).
III.ARTICLE 50 OF THE CONVENTION
A.Damage
1. Non-pecuniary damage: present judgment in itself sufficient reparation.
2. Pecuniary damage: applicant has neither shown the existence and extent of damage alleged, nor convinced the Court that there is any causal link between it and the violation found.
B.Costs and expenses
Reimbursement in part.
Conclusion: respondent State to pay a specified sum to applicant (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy