FIRST SECTION
DECISION
Application no. 2348/05
by Ingrid ZELLER
against Austria
The European Court of Human Rights (First Section), sitting on 4 October 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 29 December 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Ingrid Zeller, is an Austrian national who was born in 1944 and lives in Baden. She was represented before the Court by
Gheneff-Rami-Sommer, a law firm established in Vienna. The Austrian Government (“the Government”) were represented by their Agent, Ambassador F. Trauttmansdorff, Head of the International Law Department of the Federal Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant is a high-school teacher and, as such, a civil servant. In 1998 she applied for the post of headmaster/headmistress of the Baden high-school. However, she was not included in the list of three candidates which contained only male candidates. Subsequently, the Equal Treatment Commission found that the decision not to include the applicant in the list was not duly reasoned and violated the principle of equal treatment and the principle of positive discrimination of women laid down in the Federal Act on Equality of Treatment (Bundes-Gleichbehandlungsgesetz).
On 16 February 2000 the applicant, relying on Section 15 of the said Act, requested the Federal Minister for Education, Science and Culture to grant her compensation on the ground that the principle of equal treatment had been violated in the proceedings relating to the appointment of a headmaster/headmistress of the Baden high-school.
On 18 April 2001 the applicant lodged a complaint against the administration’s failure to decide (Säumnisbeschwerde) under Article 132 of the Federal Constitution with the Administrative Court (Verwaltungs-gerichtshof).
Upon the Administrative Court’s order, the Federal Minister for Education, Science and Culture issued a decision on 20 June 2001, dismissing the applicant’s compensation claim on the ground that there had been no violation of the principle of equal treatment.
On 9 August 2001 the applicant lodged a complaint against that decision with the Administrative Court. On 12 October 2001 the Federal Minister submitted written observations.
On 14 May 2004 the Administrative Court partly granted the applicant’s complaint.
Its decision was served on 19 August 2004.
COMPLAINT
The applicant complained under Article 6 of the Convention about the length of the compensation proceedings. She submitted in particular that there was a long period of inactivity before the Administrative Court.
THE LAW
On 4 September 2007 the Court received the following declaration from the applicant:
“I, Ms Ingrid Zeller, note that the Government of Austria are prepared to pay me the sum of 4,500 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Austria in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 5 September 2007 the Court received the following declaration from the Government:
“I, Ambassador F. Trauttmansdorff, Head of the International Law Department of the Federal Ministry of Foreign Affairs, declare that the Government of Austria offer to pay 4,500 euros to Ms Ingrid Zeller with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention and to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis Registrar President
Full & Egal Universal Law Academy