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SCHNEEBERGER AND ENZENHOFER v. AUSTRIA

Doc ref: 366/18;7666/18 • ECHR ID: 001-203715

Document date: June 11, 2020

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SCHNEEBERGER AND ENZENHOFER v. AUSTRIA

Doc ref: 366/18;7666/18 • ECHR ID: 001-203715

Document date: June 11, 2020

Cited paragraphs only

FIFTH SECTION

DECISION

Application s no s . 366/18 and 7666/18 Christian SCHNEEBERGER against Austria and Hilda ENZENHOFER against Austria

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 11 June 2020 as a Committee composed of:

Ganna Yudkivska, President, Lado Chanturia, Anja Seibert-Fohr, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the case s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 6 § 1 of the Convention concerning the lack of an oral hearing in their civil administrative proceedings were communicated to the Austrian Government (“the Government”) .

The Court received friendly-settlement declarations under which the applicant s agreed to waive any further claims against Austria in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 2 July 2020 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses

per applicant

(in euros) [1]

366/18

21/12/2017

Christian SCHNEEBERGER

23/03/1965

Krankl Thomas

Vienna

26/02/2020

13/01/2020

3,000

7666/18

01/02/2018

Hilda ENZENHOFER

09/04/1957

Denk Ernst

Vienna

26/02/2020

19/02/2020

3,000

[1] Plus any tax that may be chargeable to the applicants.

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