Information Note on the Court’s case-law 13
December 1999
W.R. v. Austria - 26602/95
Judgment 21.12.1999 [Section III]
Article 6
Civil proceedings
Article 6-1
Civil rights and obligations
Disciplinary proceedings against a lawyer: Article 6 applicable
Reasonable time
Length of disciplinary proceedings: violation
Facts: In 1987 several sets of disciplinary proceedings were brought against the applicant, a lawyer. In 1989 the Disciplinary Council of the regional Bar convicted him on three of the counts and imposed a fine of 5,000 schillings. The applicant's appeal was dismissed in January 1993 by the Appeals Board, which also found him guilty of two other offences. Taking into account other offences with which it was dealing, the Board imposed a fine of 25,000 schillings. The applicant complained about the length of the proceedings to the Constitutional Court, which dismissed the complaint in October 1994.
Law: Article 6 § 1 - The applicant's right to practise as a lawyer is a civil right and disciplinary proceedings in which the right to continue to exercise a profession is at stake give rise to a dispute ("contestation") over civil rights. The possible penalties for disciplinary offences under the relevant provision included a suspension of the right to practise for up to one year and the applicant therefore ran the risk of a temporary suspension. His right to continue to practise was at stake and Article 6 applied under its civil head. That being the case, it was unnecessary to decide whether it also applied under its criminal head. The overall length of the proceedings, 7 years 4 months, for three levels of jurisdiction, cannot be regarded as reasonable.
Conclusion: violation (unanimous).
Article 41 - The Court allowed in full the applicant's claim in respect of non-pecuniary damages and awarded him 30,000 schillings (ATS). It also made an award in respect of costs and expenses.
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This summary by the Registry does not bind the Court.
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