Information Note on the Court’s case-law 12

November 1999

Ernst and Anna Lughofer v. Austria - 22811/93

Judgment 30.11.1999 [Section III]

Article 6

Civil proceedings

Article 6-1

Public hearing

Lack of public hearing in proceedings concerning land consolidation: violation

The case concerns the lack of a public hearing in proceedings concerning agricultural land consolidation, firstly before the Regional Land Reform Board and then before the Administrative Court.

Law : The Government did not contest the opinion of the Commission that there had been a violation of Article 6 due to the lack of an oral hearing, and the Court saw no reason to disagree with that con clusion which, moreover, coincided with the Court’s own findings in the case of Stallinger and Kuso v. Austria.

Conclusion : violation (unanimous).

Article 41: The Court could not speculate as to the outcome of the proceedings had a public hearing taken pla ce before the Administrative Court, and the claim in respect of pecuniary damage had therefore to be rejected. As to non-pecuniary damage, the finding of a violation of Article 6 § 1 of the Convention constituted sufficient just satisfaction. The Court all owed the applicants' claim in respect of costs incurred in the proceedings before the Convention organs.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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