Information Note on the Court’s case-law
November 1994
Ortenberg v. Austria - 12884/87
Judgment 25.11.1994
Article 6
Article 6-1
Access to court
Civil rights and obligations
Fair hearing
Objection to the issue of a building permit: Article 6 § 1 applicable: no 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
Close link between proceedings brought by applicant and consequences of their outcome for her property — right in question a "civil" one.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1. Access to a court
Constitutional Court: did not have full jurisdiction.
Administrative Court: had had to rule on a decision taken by an administrative authority on grounds of expediency — nature of complaints raised — requirements of Article 6 § 1 fulfilled.
Conclusion: no violation (unanimously).
2. Fair hearing
Applicant had not pointed to any feature that might cast doubt on the fairness of the proceedings in the Administrative Court.
Conclusion: no violation (unanimously).
3. Public hearing
Complaint not raised before the Commission.
Conclusion: no jurisdiction (unanimously).
II.ARTICLE 1 OF PROTOCOL NO. 1
Complaint had been declared inadmissible by Commission as being out of time.
Conclusion: no jurisdiction (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