Bernhard MITTERBAUER v Austria - 2027/06 [2009] ECHR 439 (12 February 2009)

Bernhard MITTERBAUER v Austria - 2027/06 [2009] ECHR 439 (12 February 2009)

The Independent Administrative Panel expressly acknowledged the excessive duration of the proceedings and reduced the fine in an express and measurable manner, thereby affording adequate redress. The applicant can no longer claim to be a victim under Article 6 § 1, and no issue arises under Article 13.

Citation
[2009] ECHR 439
Parties
Applicant: Bernhard Mitterbauer; Respondent: Austrian Government
Jurisdiction
European Union
Judgment Date
12 February 2009
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
Application declared inadmissible as manifestly ill-founded.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Effective Remedy, Length of Proceedings
Human Rights Law Criminal Law Right to a Fair Trial Reasonable Time Requirement Effective Remedy Length of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bernhard Mitterbauer

Applicant

Austrian Government

Respondent

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether the length of the proceedings violated Article 6 § 1 of the Convention
  2. 2 Whether there was an effective remedy under Article 13 for the excessive duration of proceedings

Ratio Decidendi

The Independent Administrative Panel expressly acknowledged the excessive duration of the proceedings and reduced the fine in an express and measurable manner, thereby affording adequate redress. The applicant can no longer claim to be a victim under Article 6 § 1, and no issue arises under Article 13.

Court Disposition

Application declared inadmissible as manifestly ill-founded.

Orders

  • Application rejected in accordance with Article 35 §§ 3 and 4 of the Convention.