Communicated on 22 October 2020 Published on 9 November 2020

FOURTH SECTION

Application no. 68977/17 Heinz WÖGERER against Austria lodged on 14 September 2017

SUBJECT MATTER OF THE CASE

The application concerns civil proceedings for damages. After his action had been dismissed by the Wels Regional Court the applicant appealed to the Linz Court of Appeal which dismissed his appeal and held that no further appeal was granted to the Supreme Court. Thereupon the applicant filed a request to the Court of Appeal for reconsidering its decision not to grant a further appeal, which was accompanied by a writ of appeal including a request for referral for a preliminary ruling to the Court of Justice of the European Union. The Court of Appeal rejected the request with a brief reasoning. The applicant relies on Article 6 § 1 of the Convention.

QUESTION TO THE PARTIES

Did the refusal of the Court of Appeal to grant leave for a further appeal which also contained a request for a referral to the Court of Justice of the European Union render the proceedings unfair (see Ullens de Schooten and Rezabek v. Belgium , nos. 3989/07 and 38353/07, §§ 59-62, September 2011, in particular; Harisch v. Germany , no. 50053/16, §§ 33-36, 11 April 2019; Sanofi Pasteur v. France , no. 25137/16, §§ 68-71, 13 February 2020 )?