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CASE OF EMMER-REISSIG v. AUSTRIADISSENTING OPINION OF JUDGE LOUCAIDES JOINED BY JUDGES SPIELMAN AND MALINVERNI

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Document date: May 10, 2007

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CASE OF EMMER-REISSIG v. AUSTRIADISSENTING OPINION OF JUDGE LOUCAIDES JOINED BY JUDGES SPIELMAN AND MALINVERNI

Doc ref:ECHR ID:

Document date: May 10, 2007

Cited paragraphs only

DISSENTING OPINION OF JUDGE LOUCAIDES JOINED BY JUDGES SPIELMAN AND MALINVERNI

I am unable to agree with the view of the majority according to which having found a violation of Article 6 § 1of the Convention because of the lack of an oral hearing before the Administrative Court it is unnecessary to examine the applicant ' s further complaint under the same Article about unfairness of the proceedings in this case. This additional complaint, relates, in my view, to a separate and autonomous breach which if it is established needs a different remedy than the one relating to the oral hearing. And, conversely, if the oral hearing breach is remedied that does not automatically give a solution to the other complaint .The two complaints being completely unconnected a separate examination of them was necessary.

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