Comité de filtrage /Screening Panel

AFFAIRE HORTOLOMEI c. AUTRICHE

CASE OF HORTOLOMEI v. AUSTRIA

( 80 / 1998 / 983 / 1198 )

DECISION

STRASBOURG

5 octobre/October 1998

In the case of Hortolomei v. Austria [1] ,

The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B [2] ,

Sitting in private at Strasbourg on 25 September 1998, and composed of the following judges:

Mr A.N. Loizou , Chairman , Mr F. Matscher , Mr J.M. Morenilla , and also of Mr H. Petzold , Registrar ,

Having regard to the application against the Republic of Austria lodged with the Court on 13 August 1998 by an Austrian national, Mr Rom Hortolomei , within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;

Whereas Austria has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;

Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 § 1 (a) or (d) of the Convention;

Having regard to the Commission’s report of 16 April 1998 on the application (no. 17291/90 ) lodged with the Commission by Mr Hortolomei on 24 September 1990 ;

Whereas the applicant complained (i) that he had not had a fair trial in civil and administrative proceedings, in that the Supreme Court had set aside the lower courts’ decisions following a change in the law, and in that neither the Regional Appeals Commission nor the Constitutional Court was a judicial body having full jurisdiction, and (ii) of the length of these proceedings, and alleged a breach of Article 6 § 1 of the Convention, under which “In the determination of his civil rights and obligations …, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal…”;

Whereas the applicant, in specifying the object of his application, as required by Rule 34 § 1 (a) of Rules of Court B, stated that he sought a decision by the Court holding that there had been a breach of Article 6 § 1 of the Convention and awarding him just satisfaction under Article 50 of the Convention;

Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,

1 . Finds that

(a) the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the fact that the Austrian Constitutional Court is not a “judicial body having full jurisdiction” within the meaning of Article 6 § 1, the applicant’s first complaint being subsumed by the second, and on the “reasonable time” requirement laid down in that provision; and

(b) the case does not, for any other reason, warrant consideration by the Court as, in the event of a finding that there has been a breach of the Convention, the Committee of Ministers of the Council of Europe can award the applicant just satisfaction, having regard to any proposals made by the Commission;

2 . Decides , therefore, unanimously, that the case will not be considered by the Court.

Done in English and in French, and notified in writing on 5 October 1998, pursuant to Rule 34 § 4 of Rules of Court B.

Signed : Andreas Nicolas Loizou

Chairman

Signed : Herbert Petzold

Registrar

[1] Notes by the Registrar

. The case is numbered 80 / 1998 / 983 / 1198 . The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] . Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.