JOINT CONCURRING OPINION OF MM. GEUS AND MARXER

      We agree that there has been no violation under

Article 6 para. 1 of the Convention in respect of the complaint of the

court costs which the applicant was asked to pay in advance.  However,

we have reached this conclusion for a different reason.

      We have examined whether Article 6 para. 1 of the Convention is

applicable to the proceedings at issue.

      Article 6 para. 1 of the Convention extends to "contestations"

(disputes) over "civil rights" which can be said, at least on arguable

grounds, to be recognised under domestic law (see Editions Périscope

judgment of 26 March 1992, Series A no. 234-B, para. 35).

      We have considered whether the applicant could claim the

"determination" of a "right" recognised under domestic law.

      It is true that the Federal Responsibility Act envisages in

principle the responsibility of the Confederation for damage caused by

civil servants, and that this Act also applies to members of the

Federal Court (see above, para. 48).

      In our opinion, however, the applicant was in effect contesting

the outcome of the proceedings before the Federal Court, in particular

the decision of 25 October 1988 which, in his view, was wrong.

According to Section 12 of the Federal Responsibility Act, "the

legality of ... decisions and judgments which have formally obtained

legal force cannot be examined in responsibility proceedings" (see

above, para. 48).  This provision was quoted by the Federal Court

itself when it found that the applicant's action lacked prospects of

success (see above, para. 41).

      The Federal Responsibility Act therefore expressly excluded the

damages claimed by the applicant.  As a result, he cannot claim a

"civil right" within the meaning of Article 6 para. 1 of the

Convention.

      Moreover, in view of the fact that the applicant was contesting

a decision which had become res judicata, the proceedings which he

attempted to introduce did not concern the "determination" of civil

rights or obligations within the meaning of Article 6 para. 1 of the

Convention (see No. 5495/72, Dec. 5.4.74, Collection 45 p. 54).

      In our view, therefore, Article 6 para. 1 of the Convention is

not applicable to the proceedings of which the applicant complains.