O. v. AUSTRIACONCURRING OPINION OF SIR BASIL HALL

Doc ref: • ECHR ID:

Document date: May 14, 1993

Doc ref: • ECHR ID:

Document date: May 14, 1993

Cited paragraphs only

CONCURRING OPINION OF SIR BASIL HALL

I do not share the opinion of the majority of the Commission that

Article 6 para. 1 of the Convention applies in this case. The

proceedings to which the complaint relates took the form of a challenge

to the Leonding Municipal Council's decisions to give planning

permission for five houses to be built. Proceedings of that kind

cannot in my view be regarded as determining any civil right of the

applicant. The ground for her objection was a risk of increased

traffic passing her house. No "right" of the applicant appears to have

been in issue in the proceedings.

APPENDIX I

HISTORY OF PROCEEDINGS

Date Item

_________________________________________________________________

10.09.86 Introduction of the application

08.04.87 Registration of the application

Examination of Admissibility

12.07.89 Commission's consideration of the case

2.07.90 Commission's consideration of the case

11.07.91 Commission's decision to invite the

parties to submit observations on the

admissibility and merits of the

application

06.12.91 Government's observations

29.06.92 Commission decision on admissibility

17.07.92 Applicant's observations in reply

Examination of the merits

8.07.92 Commission's consideration of the state of

the proceedings

28.08.92 Applicant's observations on the merits

9.10.92 Government's proposal to adjourn the

proceedings

5.12.92 Commission's decision not to adjourn

3.04.93 Consideration of the state of proceedings

12.05.93 Commission's deliberations on the merits,

final vote

14.05.93 Adoption of the Report

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