Achleitner, Brunnthaler, Prischl, Bosch, Geyer and Mullerv Austria - 53911/00 [2011] ECHR 2139 (2 December 2011)

Achleitner, Brunnthaler, Prischl, Bosch, Geyer and Mullerv Austria - 53911/00 [2011] ECHR 2139 (2 December 2011)

The excessive length of civil and criminal proceedings before Austrian administrative authorities and courts, and the lack of an oral hearing in Bösch, constituted violations of Article 6 § 1 of the Convention. Austria's payment of just satisfaction and implementation of remedial measures fulfilled its obligations under Article 46, justifying closure of supervision.

Citation
[2011] ECHR 2139
Parties
Applicant: Achleitner; Applicant: Brunnthaler; Applicant: Prischl; Applicant: Bösch; Applicant: Geyer; Applicant: Müller; Respondent: Austria
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure by Committee of Ministers
Outcome
Supervision closed; Austria found to have complied with its obligations under Article 46.
Legal Topics
Excessive Length of Proceedings, Right to a Fair Trial, Oral Hearing Before Administrative Court, Article 6 ECHR
Human Rights Law Administrative Law Criminal Law Excessive Length of Proceedings Right to a Fair Trial Oral Hearing Before Administrative Court Article 6 ECHR

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Parties

Achleitner

Applicant

Brunnthaler

Applicant

Prischl

Applicant

Bösch

Applicant

Geyer

Applicant

Müller

Applicant

Austria

Respondent

Procedural Posture

European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure by Committee of Ministers

Legal Issues

  1. 1 Whether the length of civil and criminal proceedings before administrative authorities and courts in Austria violated Article 6 § 1 of the Convention
  2. 2 Whether the lack of an oral hearing before the Administrative Court in the case of Bösch violated Article 6 § 1

Ratio Decidendi

The excessive length of civil and criminal proceedings before Austrian administrative authorities and courts, and the lack of an oral hearing in Bösch, constituted violations of Article 6 § 1 of the Convention. Austria's payment of just satisfaction and implementation of remedial measures fulfilled its obligations under Article 46, justifying closure of supervision.

Court Disposition

Supervision closed; Austria found to have complied with its obligations under Article 46.

Orders

  • Declared that Austria has exercised its functions under Article 46 § 2 in these cases.
  • Decided to close the examination of these cases.