Information Note on the Court’s case-law No.
November 1997
Szücs v. Austria - 20602/92
Judgment 24.11.1997
Article 6
Civil proceedings
Article 6-1
Public judgment
No public delivery of judgments of a court of appeal in two sets of proceedings to claim compensation for detention: 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
Applicant had had right to be compensated for his detention pending trial, provided that the statutory requirements had been satisfied – there had therefore been a contestation (dispute) over a right – outcome of proceedings in relevant criminal courts directly decisive for his right – applicant’s right to compensation a civil one.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1.Austria’s reservation
Issue not raised in Government’s memorial to the Court – there was therefore an estoppel – unnecessary for Court to consider question of its own motion.
2.Merits of complaint
The leave that could be given to third parties to obtain copies of judgments if they showed a legitimate interest did not amount to making the full texts of the judgments available to everyone – in Austria the possibility of obtaining those full texts existed only in respect of judgments of the Supreme Court, the Administrative Court and the Constitutional Court – furthermore, no need for relevant courts to make statements which would breach principle of presumption of innocence.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Pecuniary damage: no causal link between breaches complained of and pecuniary damage.
B.Non-pecuniary damage: sufficiently compensated by finding of violation.
C.Costs and expenses: reimbursement assessed on equitable basis.
Conclusion: respondent State to pay applicant specified sum for costs and expenses (unanimously).
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This summary by the Registry does not bind the Court.
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