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ADLER AGAINST SWITZERLAND

Doc ref: 9486/81 • ECHR ID: 001-49260

Document date: June 26, 1986

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Cited paragraphs: 0
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ADLER AGAINST SWITZERLAND

Doc ref: 9486/81 • ECHR ID: 001-49260

Document date: June 26, 1986

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 32) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the convention

relating to the application lodged by Mr Karl Adler against

Switzerland (No. 9486/81);

Whereas on 29 April 1985 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the convention

has elapsed without the case having been brought before the European

Court of Human Rights in pursuance of Article 48 (art. 48) of the

convention;

Whereas in his application introduced on 7 August 1981 the applicant

complained that the public law action for damages brought by him

against the Swiss Confederation had been examined in first and last

instance by the 1st section of public law of the Swiss Federal Court,

without a public hearing, in violation of Article 6, paragraph 1

(art. 6-1), of the convention;

Whereas the Commission declared the application admissible on

3 March 1983 and in its report adopted on 15 March 1985 it expressed

unanimously the opinion that Article 6, paragraph 1 (art. 6-1), of the

convention had been violated for the reason that the Federal Court had

in first and last instance rejected the applicant's action without a

public hearing;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the convention;

Having examined the proposals made by the Commission in accordance

with Article 31, paragraph 3 (art. 31-3), of the convention;

Whereas during the examination of this case the Swiss Government

informed the Committee of Ministers that the Swiss authorities had

already taken general measures designed to remedy the procedural

defect found and that in addition they were prepared to take such

specific measures as those proposed by the Commission if the Committee

of Ministers would decide that there had been a violation of the

convention in this case,

Takes note, with satisfaction:

- that the Swiss Federal Court has taken administrative measures so as

to prevent similar cases from occurring in the future;

- that, following the decision of the Committee of Ministers under

Article 32, paragraph 1 (art. 32-1), of the convention, the Swiss

Government, having taken into consideration the proposals made by the

Commission in accordance with Article 31, paragraph 3 (art. 31-3), of

the convention, has paid for compensation to the applicant the sum of

3 000 Swiss Francs;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the convention,

a. Decides that there had been a violation of Article 6, paragraph 1

(art. 6-1), of the convention in this case;

b. Decides that no further action is called for in this case.

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