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O. v. AUSTRIA

Doc ref: 14562/89 • ECHR ID: 001-1735

Document date: March 31, 1992

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O. v. AUSTRIA

Doc ref: 14562/89 • ECHR ID: 001-1735

Document date: March 31, 1992

Cited paragraphs only

Application No. 14562/89

by H.O.

against Austria

The European Commission of Human Rights sitting in private on

31 March 1992, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

G. SPERDUTI

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 2 January 1989 by

H.O. against Austria and registered on 20 January 1989 under file No.

14562/89;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Austrian citizen. He lives in Salzburg and

is represented before the Commission by Mr. W. Haslauer, lawyer, of

Salzburg.

The applicant's daughter was born on 12 October 1985. As

required by Austrian law the applicant and his wife made a written

declaration concerning the names of the child, "Keren Katharina

Ingeborg". On 2 January 1986 the Salzburg Registration Office

(Standesamtsverband) declined to enter the first name in the register

as it was "not common" and therefore failed to comply with Section 21

(2) of the Registration Act (Personenstandsgesetz) which provides as

follows:

(Translation)

"(2) .... at least the first forename must correspond to

the gender of the child; names which are not common or are

detrimental to the child's well being shall not be

registered."

(German)

"(2) ... zumindest der erste Vorname [muß] dem Geschlecht

des Kindes entsprechen; Bezeichnungen, die nicht als

Vornamen gebräuchlich oder dem Wohl des Kindes abträglich

sind, dürfen nicht eingetragen werden."

The Salzburg Regional Authority (Amt der Salzburger

Landesregierung) rejected the applicant's appeal (Berufung) by a

decision of 12 June 1986. Referring to a statement by the Minister of

the Interior, it found that the first name "Keren" had not been

registered in a single case. The existence of a similar name in the

Old Testament (Job 42, 15) or the existence of the word as a plural in

Greek mythology did not make the name "common". An opinion from the

"Gesellschaft für Deutsche Sprache" in Wiesbaden had considered that

the reference to Job would mean that the entire name "Kerenhappuch"

should be used; the reference to Greek mythology was irrelevant. The

authority noted that in order to appear in the official registers as

a forename, it had to have been reported at least five times in a

particular year. The authority concluded that one reference in the Old

Testament and a reference in Greek mythology did not meet the

requirement that the name be "common". A single reference in a

television series did not prove anything. Accordingly, the appeal was

unsuccessful.

The Constitutional Court (Verfassungsgerichthof), on a further

appeal (Beschwerde) by the applicant, declined to deal with the case,

and transmitted it to the Administrative Court (Verwaltungsgerichtshof)

on 26 February 1987.

The Administrative Court, in a decision of 22 June 1987, found

that the further appeal was ill-founded. It noted that the

Registration Act had been introduced only in 1983, and found that

Section 2 (2) of the Act applied to the applicants. It was clear from

the inquiries made by the authorities that "Keren" was not common

either in Austria or abroad. Accordingly, the Court did not see the

need to consider whether the name could be seen as corresponding to the

child's gender.

COMPLAINTS

The applicant has complained of a violation of his right to

respect for his private and family life as guaranteed by Article 8 of

the Convention, considering that parents' right to choose their child's

name falls within the scope of the protection afforded by Article 8

para. 1, and that the requirement of a "common" name has nothing to do

with any of the grounds set out in Article 8 para. 2 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 2 January 1989 and registered

on 20 January 1989.

On 3 December 1990 the Commission decided to bring the

application to the notice of the respondent Government and to request

their observations on its admissibility and merits.

The Government submitted their observations on 22 February 1991

and the applicant submitted his observations in reply on 26 April 1991.

On 17 December 1991 the applicant's representative informed the

Commission that an agreement had been reached with the respondent

Government whereby "Keren" would be entered in the Register and the sum

of AS 56,616.60 for costs, together with a lump sum of AS 15,000 would

be paid to the applicant.

On 31 January 1992 the applicant's representative informed the

Commission that, pursuant to the agreement between himself and the

Government, the applicant wished to withdraw the application.

REASONS FOR THE DECISION

The applicant has complained that the name "Keren" could not be

registered as his daughter's name. He has now reached an agreed

solution with the respondent Government and wishes to withdraw the

application.

The Commission notes that the applicant does not intend to pursue

his petition as the matter has now been resolved. It further considers

that respect for human rights as defined in the Convention does not

require the continuation of the examination.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

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