Communicated on 25 November 2019
FIFTH SECTION
Application no. 366/18
Christian SCHNEEBERGER
against Austria
lodged on 21 December 2017
SUBJECT MATTER OF THE CASE
The Salzburg Health Insurance Board (Salzburger Gebietskrankenkasse) sentenced the applicant to pay a fine for offences against social security laws. He contested the findings of the Health Insurance Board and appealed to the Federal Administrative Court (Bundesverwaltungsgericht), requesting an oral hearing to be held. The Federal Administrative Court dismissed his request, stating that an oral hearing would clearly not have led to a further clarification of the relevant facts, and also dismissed his appeal. The Constitutional Court (Verfassungsgerichtshof) as well as the Administrative Court (Verwaltungsgerichtshof) refused dealing with his complaints.
The applicant claims that his right to a fair trial under Article 6 § 1 of the Convention has been violated as no oral hearing has been held in his case.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to an oral hearing, as guaranteed by Article 6 § 1 of the Convention (criminal limb, compare Hüseyin Turan v. Turkey, no. 11529/02, §§ 31-37, 4 March 2008; Baischer v. Austria, no. 32381/96, § 22, 20 December 2001)?
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