Communicated on 25 November 2019

FIFTH SECTION

Application no. 366/18 Christian SCHNEEBERGER against Austria lodged on 21 December 2017

SUBJECT MATTER OF THE CASE

The Salzburg Health Insurance Board ( Salzburger Gebietskrankenkasse ) sentenced the applicant to pay a fine for offences against social security laws. He contested the findings of the Health Insurance Board and appealed to the Federal Administrative Court ( Bundesverwaltungsgericht ), requesting an oral hearing to be held. The Federal Administrative Court dismissed his request, stating that an oral hearing would clearly not have led to a further clarification of the relevant facts, and also dismissed his appeal. The Constitutional Court ( Verfassungsgerichtshof ) as well as the Administrative Court ( Verwaltungsgerichtshof ) refused dealing with his complaints.

The applicant claims that his right to a fair trial under Article 6 § 1 of the Convention has been violated as no oral hearing has been held in his case.

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to an oral hearing, as guaranteed by Article 6 § 1 of the Convention (criminal limb, compare Hüseyin Turan v. Turkey , no. 11529/02, §§ 31-37, 4 March 2008; Baischer v. Austria , no. 32381/96, § 22, 20 December 2001 ) ?