Information Note on the Court’s case-law No.
October 1995
Umlauft v. Austria - 15527/89
Judgment 23.10.1995
Article 6
Administrative proceedings
Article 6-1
Access to court
Criminal charge
Administrative criminal proceedings for refusal to submit to a breath test: Article 6 § 1 applicable; 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
1.Whether there was a "criminal charge"
Offences in issue and procedures followed: fell within administrative sphere but were nevertheless criminal in nature, as was reflected in the terminology - fine imposed had been accompanied by an order for committal to prison in the event of default.
2.Austria's reservation in respect of Article 5 of the Convention
Mentions only Article 5 and makes express reference solely to measures for the deprivation of liberty - in the instant case a substantive provision not specified in the reservation had been applied.
Conclusion: Article 6 § 1 applicable (unanimously).
B.Compliance
1.Access to a tribunal
Constitutional Court: lacked "full jurisdiction".
Administrative Court: powers to be assessed in the light of the criminal nature of the case - when compatibility with Article 6 § 1 is being gauged, regard must be had to the complaints raised by the applicant as well as to the defining characteristics of a "judicial body that has full jurisdiction" - no power to quash in all respects, on questions of fact and law, the decision of the body below.
Conclusion: violation (unanimously).
2.Lack of a hearing
Having regard to the foregoing conclusion, unnecessary to examine the complaint.
Conclusion: unnecessary to examine complaint (unanimously).
II.ARTICLE 50 OF THE CONVENTIOn
A.Damage: finding of a violation afforded in itself sufficient just satisfaction.
B.Costs and expenses: reimbursement in part.
Conclusion: respondent State to pay a specified sum to the applicant (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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