Search
document

Document text Analytics

CASE OF H.B. v. SWITZERLAND

Doc ref: 17951/91 • ECHR ID: 001-57

Document date: May 17, 1996

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 1

CASE OF H.B. v. SWITZERLAND

Doc ref: 17951/91 • ECHR ID: 001-57

Document date: May 17, 1996

Cited paragraphs only

In the case of H.B. v. Switzerland (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 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),

_______________

Notes by the Registrar

1. The case is numbered 22/1996/641/825. 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 the States bound by Protocol No. 9 (P9).

_______________

Sitting in private at Strasbourg on 29 March and 23 April 1996,

and composed of the following judges:

Mr F. Matscher, Chairman,

Mr L.-E. Pettiti,

Mr L. Wildhaber,

and also of Mr H. Petzold, Registrar,

Having regard to the application against Switzerland dated

16 February 1996 lodged with the Court by a German national, Mr H.B.,

on 26 February 1996;

Whereas Switzerland has recognised the compulsory jurisdiction

of the Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 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 the Government of the respondent State or by the Government of the

Contracting State of which the applicant is a national or by the

Commission under Article 48 para. 1 (a), (b) or (d) (art. 48-1-a,

art. 48-1-b, art. 48-1-d) of the Convention;

Having regard to the Commission's report of 18 October 1995 on

the application (no. 17951/91) lodged with the Commission by Mr H.B.

on 16 January 1991;

Noting that the report was transmitted to the Committee of

Ministers of the Council of Europe on 24 November 1995, in accordance

with Article 31 para. 2 (art. 31-2) of the Convention;

Whereas the applicant complained that proceedings in the tax

courts of Obwalden (Canton of Unterwalden) were not public and alleged

a breach of Article 6 para. 1 (art. 6-1) of the Convention, under which

"In the determination of his civil rights and obligations or of any

criminal charge against him, everyone is entitled to a ... public

hearing ... by [a] ... tribunal ...";

Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

(i) requested the Commission to refer the case to the Court and

(ii) requested the Court to suspend the proceedings immediately until

such time as the Commission had ruled on the application (no. 28332/95)

which he had submitted to it in 1995 and to join the two cases if it

decided to entertain the other case also;

Having regard to Articles 32 para. 1, 47 and 48 (art. 32-1,

art. 47, art. 48) of the Convention and Rule 34 paras. 1 (a), 3 and 4

of Rules of Court B,

1. Observes that, pursuant to Article 32 para. 1 (art. 32-1) of the

Convention, for the Court to have jurisdiction to deal with an

application the case must be referred to it within a period of

three months from the date of transmission of the Commission's

report to the Committee of Ministers, failing which it falls to

the Committee of Ministers to decide whether there has been a

violation of the Convention;

2. considers that in this case that provision was complied with,

since the Commission's report was transmitted to the Committee

of Ministers on 24 November 1995 and the application reached the

secretariat of the Commission on 19 February 1996, that is five

days before expiry of the three-month period, and was then

communicated to the registry of the Court by the Commission on

26 February;

3. Finds that

(a) Article 48 (art. 48) of the Convention does not empower the

Court to rule on the request that it stay its decision on

the present case until such time as the Commission has

ruled on application no. 28332/95, at present pending

before it, or the request that the cases be joined;

(b) the case raises no serious question affecting the

interpretation or application of the Convention, as the

Court has already established case-law on the requirement

of a public hearing in Article 6 para. 1 (art. 6-1) of the

Convention; and

consideration by the Court as, in the event of a finding

that there has been a breach of the Convention, the

Committee of Ministers can award the applicant just

satisfaction, having regard to any proposals made by the

Commission;

4. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

17 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Franz MATSCHER

Chairman

Signed: Herbert PETZOLD

Registrar

LEXI

Lexploria AI Legal Assistant