DISSENTING OPINION OF JUDGE WIEDERIN

I agree with the majority to focus on the applicant ’ s contributions to the pension fund and to take them as a starting point for the calculation of pecuniary damage. However, to attribute to the applicant the total of his contributions results in an excessive and therefore unjust satisfaction. The majority fails to see that the applicant deliberately conducted actions which resulted in the expiration of all his titles, and they neglect that, due to the management costs of a pension system, even the average member of such a system cannot expect to get his contributions back in full measure.

Furthermore, I am convinced that the sum paid by the Vienna Chamber of Lawyers in damages to the victims of the applicant ’ s embezzlements should be deducted from the award, at least insofar as it was covered by the emergency fund, which, just as the Chamber ’ s pension fund, is a legal entity under public law.