Information Note on the Court’s case-law 10

September 1999

Karakurt v. Austria (dec.) - 32441/96

Decision 14.9.1999 [Section III]

Article 11

Article 11-1

Freedom of association

Foreigner ineligible to stand for election to works council: inadmissible

The applicant, a Turkish national, was elected as member of the works council of his company. The Regional Court declared him ineligible to stand for election to the council on account of his nationality, in accordance with the relevant legislation. His appeals to the Court of Appeal and the Supreme Court were dismissed.

Inadmissible under Article 11: The term “association” has an autonomous meaning; the classif ication in domestic law has only a relative value and constitutes no more than a starting point. In the instant case, however, the Supreme Court found that works councils were not regarded, under Austrian Law, as associations. Members of the works councils , who are elected by members of the staff, exercise the functions of staff participation at work. Therefore, work councils cannot be considered as “associations” within the meaning of this provision: manifestly ill-founded.

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

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