Communicated on 25 November 2019

FIFTH SECTION

Applications nos. 69808/17 and 7666/18 COMINO UNTERNEHMENSBERATUNG ERWACHSENENBILDUNG GMBH and Hilda ENZENHOFER against Austria lodged on 19 September 2017 and 1 February 2018 respectively

SUBJECT MATTER OF THE CASE

The applications concern the legal classification of the professional relations established between the first applicant company and, inter alia , the second applicant (no. 7666/18) as employment contracts under social security law. Both applicants contested the findings of the Vorarlberg Health Insurance Board ( Vorarlberger Gebietskrankenkasse ) and requested in a second set of proceedings before the Federal Administrative Court ( Bundesverwaltungsgericht ) an oral hearing to be held. The Federal Administrative Court dismissed their request, stating that an oral hearing would clearly not have led to a further clarification of the relevant facts. The Constitutional Court ( Verfassungsgerichtshof ) as well as the Administrative Court ( Verwaltungsgerichtshof ) refused dealing with the applicants ’ complaints.

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

QUESTION TO THE PARTIES

Has there been a violation of the applicants ’ right to an oral hearing, as guaranteed by Article 6 § 1 of the Convention ( Ramos Nunes de Carvalho e Sá v. Portugal [GC], nos. 55391/13 and 2 others, § 190, 6 November 2018; Emmer- Reissig v. Austria , no. 11032/04, § § 27-31, 10 May 2007) ?