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CASE OF OBERMEIER AGAINST AUSTRIA

Doc ref: 11761/85 • ECHR ID: 001-55548

Document date: September 17, 1992

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CASE OF OBERMEIER AGAINST AUSTRIA

Doc ref: 11761/85 • ECHR ID: 001-55548

Document date: September 17, 1992

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Obermeier case delivered on 28 June 1990 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Austria lodged with the European Commission of Human Rights on

24 September 1985 under Article 25 (art. 25) of the Convention

by Mr Karl Obermeier, an Austrian national, who complained that

the jurisdictions called upon to rule on the lawfulness of a

suspension and a dismissal were not courts within the meaning of

Article 6, paragraph 1 (art. 6-1) of the Convention and of the

length of the proceedings relating thereto;

Recalling that the case was brought before the Court by the

Commission on 16 March 1989 and by the Government of Austria on

7 April 1989;

Whereas in its judgment of 28 June 1990 the Court unanimously:

- declared that the Government were estopped from

pleading non-exhaustion of domestic remedies;

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1), of the Convention;

- held that it was not necessary to examine the case

under Articles 13 and 14 (art. 13, art. 14);

- held that the respondent State was to pay to

Mr Obermeier, in respect of non-pecuniary damage, 100

000 Austrian schillings and, for costs and expenses,

100 000 Austrian schillings;

- dismissed the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Austria to inform it of the

measures which had been taken in consequence of the judgment of

28 June 1990, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of Austria gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Austria

has paid the applicant the sums provided for in the judgment,

Declares, after having taken note of the information supplied by

the Government of Austria, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH(92)51

Information provided by the Government of Austria

during the examination of the Obermeier case

by the Committee of Ministers

The Disabled Persons (Employment) Act 1970 was amended by an act

dated 26 June 1992, which came into force on 1 July 1992.

Appeals from the Disabled Persons Board's decisions with regard

to the prior authorisation necessary for any valid dismissal of

a disabled person will no longer be heard by the Provincial

Governor, whom the Court held not to be an independent tribunal

within the meaning of Article 6, paragraph 1 (art. 6-1), of the

Convention.

Section 13 of the Disabled Persons (Employment) Act as amended

in June 1992 provides for the setting up of an independent

Appeals Board which will deal on a national level with all

appeals brought against the decisions taken by the Disabled

Persons Board in first instance.

The decisions taken by the Appeals Board may be challenged both

in the Administrative Court and in the Constitutional Court.

Its composition will be that of a joint board, that is a judge

acting as president and four lay assessors, of which two put

forward by the Federal Chamber of Commerce, one by the Federal

Chamber of Workers and Employees and one by an association of

disabled persons. The members of the board will be nominated by

the Minister of Justice for a period of five years, but which is

renewable. The joint composition of the board ensures

independence and impartiality and its procedure will comply with

the requirements set out in Article 6, paragraph 1 (art. 6-1),

of the Convention.

The sums awarded by the Court by way of just satisfaction were

paid on 21 August 1990.

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