CONCURRING OPINION OF Mr. F. ERMACORA

      I agree with the opinion that the absence of an oral hearing

before the Administrative Court was in violation of Article 6 para. 1

of the Convention.  However, I have difficulties with the reasons of

this decision.  The Report refers in its paragraph 50 to the Austrian

reservation which states, as to the application of Article 6 of the

Convention, that there shall be no prejudice to the principles

governing public court hearings laid down in Article 90 of the Federal

Constitutional Law.  However the Commission later on has not dealt with

this reservation and its impact as to the application of

Article 6 para. 1 of the Convention.  This reservation - in my opinion

- does not apply to proceedings before the Administrative and

Constitutional Court.  It applies only to proceedings in civil and

penal matters (Zivil- und Strafrechtssachen) before the ordinary courts

(there might be an exception in proceedings before the Constitutional

Court in cases of Article 137 of the Constitution, but such a problem

does not arise in the present case).  The reservation must be

interpreted in accordance with the understanding of the High

Contracting Party at the time of ratification.  In Austrian

Constitutional law the "Zivil- und Strafrechtssachen" referred to in

Article 90 of the Federal Constitutional Law relate to matters which

are solely dealt with by ordinary courts (at the time of the

ratification of the Convention Austria could not have considered the

European jurisprudence referred to in para. 52 of the Report) and not

by extraordinary courts.  This is clear from the wording of Article 90

of the Federal Constitutional Law, from the systematic position of

Article 90 within the Constitution (it figures in the section entitled

"Gerichtsbarkeit" which excludes the Constitutional Court and the

Administrative Court), and from the absence of any interpretation

supporting a contrary view at the time of the drafting of the

Constitution.  Therefore the Austrian reservation as to Article 6 of

the Convention is not applicable in the present case.  Accordingly, as

the Administrative Court refused the applicant's request for a hearing,

I consider that there was a violation of Article 6 in this respect.

                                                        (Or. English)