R.E. v. AUSTRIA



                      AS TO THE ADMISSIBILITY OF

                      Application No. 16941/90

                      by R.E.

                      against Austria

      The European Commission of Human Rights sitting in private on

31 March 1993, the following members being present:

           MM.   J.A. FROWEIN, President of the First Chamber

                 F. ERMACORA

                 G. SPERDUTI

                 E. BUSUTTIL

           Sir   Basil HALL

           Mr.   C.L. ROZAKIS

           Mrs.  J. LIDDY

           MM.   M.P. PELLONPÄÄ

                 B. MARXER

           Mrs.  M. BUQUICCHIO, Secretary to the First Chamber

      Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

      Having regard to the application introduced on 19 June 1990 by

R.E against Austria registered on 27 July 1990 under file No. 16941/90;

      Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

      Having regard to the observations submitted by the respondent

Government on 11 July 1991 and the observations in reply submitted by

the applicant on 1 August 1991;

      Having deliberated;

      Decides as follows:

THE FACTS

      The applicant is an Austrian citizen born in 1956.  He lives in Klam

in Upper Austria, and is represented before the Commission by Mr. C. Slana,

a lawyer practicing in Linz.  In his application, in which he relies on

Article 6 para. 1 of the Convention, he complains of the length of the

proceedings before the a Chamber of the Linz Customs Authority (Spruchsenat

des Zollamtes).

      The following is a summary of the proceedings.

      The applicant was questioned on 10 November 1984 in connection with

failure to present 39 parcels of watches for customs clearance and the

offence of breaking customs seals.  On 30 May 1986 a penal notice

(Strafverfügung) was issued by the Linz Customs Authority accusing the

applicant of various customs offences under the Code of Financial Offences

(Finanzstrafgesetz).  A fine of AS 25,000 was imposed with 50 days'

detention in default.  The applicant filed an objection to the penal notice

and "full" proceedings were opened before a Chamber of the Customs

Authority.  The proceedings ended on 22 May 1991 with a decision of the

Chamber to convict the applicant in respect of non-compliance with tax

regulations and attempted smuggling.  He was fined AS 20,000 with a

compensation order of AS 10,000 and costs.  The charges of breaking customs

seals were dismissed for lack of evidence.  The applicant did not appeal.

THE LAW

      The applicant's complaint relates to the length of the

proceedings in question.  These proceedings began on 10 November 1984 when

the applicant was first questioned in connection with the alleged offences.

They ended on 22 May 1991 when the applicant was convicted on certain

charges and others were dismissed.

      According to the applicant, the length of the proceedings - a period

of some six and a half years - is in breach of the "reasonable   time"

requirement (Article 6 para. 1 (Art. 6-1) of the Convention).  The

Government take the opposite view.

      The Commission considers, in the light of the criteria established by

the case-law of the Convention organs on the question of "reasonable time"

(the complexity of the case, the applicant's conduct and that of the

competent authorities), and having regard to all the information in its

possession, that a thorough examination of this complaint is required as to

the merits.

      For these reasons, the Commission unanimously

      DECLARES THE APPLICATION ADMISSIBLE,

      without prejudging the merits of the case.

Secretary to the First Chamber        President of the First Chamber

      (M.F. BUQUICCHIO)                        (J.A. FROWEIN)

 

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