Malek and Schmidt against Austria - 60553/00 [2010] ECHR 2249 (2 December 2010)

The European Court found that the length of the disciplinary proceedings against the applicants was excessive and constituted a violation of Article 6(1) of the Convention.

Citation: [2010] ECHR 2249
Parties: Applicant: Malek; Applicant: Schmidt; Respondent: Austria
Jurisdiction: European Union
Judgment Date: 02 December 2010
Procedural Posture: Application to the European Court of Human Rights / Execution of Judgment and Supervision by Committee of Ministers
Outcome: Supervision of execution closed; Austria complied with obligations under Article 46(1) of the Convention.
Legal Topics: Excessive Length of Proceedings, Right to a Fair Trial, Disciplinary Proceedings, Article 6 ECHR

Human Rights Law Civil Procedure Excessive Length of Proceedings Right to a Fair Trial Disciplinary Proceedings Article 6 ECHR

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Parties

Malek

Applicant

Schmidt

Applicant

Austria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Supervision by Committee of Ministers

Legal Issues

1 Whether the length of disciplinary proceedings against the applicants violated Article 6(1) of the European Convention on Human Rights

Ratio Decidendi

The European Court found that the length of the disciplinary proceedings against the applicants was excessive and constituted a violation of Article 6(1) of the Convention.

Court Disposition

Supervision of execution closed; Austria complied with obligations under Article 46(1) of the Convention.

Orders

Payment of just satisfaction to applicants as specified in the judgments.
Adoption of individual and general measures to prevent similar violations.