CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 1 avril 1992

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                              FINAL                           AS TO THE ADMISSIBILITY OF                         Application No. 15062/89                       by Erwin and Robert SCHIANSKY                       against Austria           The European Commission of Human Rights (First Chamber) sitting in private on 1 April 1992, the following members being present:              MM.    J.A. FROWEIN, President of the First Chamber                  F. ERMACORA                  G. SPERDUTI                  E. BUSUTTIL                  A.S. GÖZÜBÜYÜK            Sir    Basil HALL            Mr.    C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    M. PELLONPÄÄ                  B. MARXER              Mr.    M. de SALVIA, Secretary to the First Chamber         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 2 May 1989 by Erwin and Robert Schiansky against Austria and registered on 29 May 1989 under file No. 15062/89;         Having regard to the Commission's Partial Decision of 7 May 1990;         Having regard to the observations submitted by the respondent Governemnt on 22 August 1990 and the applicant's observations in reply submitted on 10 September 1990;         Having regard to the Commission's decision to refer the case to the First Chamber;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having deliberated;         Decides as follows:   THE FACTS         The applicants are Austrian nationals born in 1952 and 1954 respectively and resident in Vienna.         In their application, in which they rely on Article 6 para. 1 of the Convention, they complain of the length of the proceedings before the Austrian courts.         The following is a summary of the proceedings:         According to the applicants, the proceedings began in February or March 1985, when the first and second applicants, respectively, were first questioned by the police.    On 6 June 1986 an injunction was laid against them alleging fraud in connection with the alleged theft of recording equipment from their recording studio.   They were questioned on the same day, and arrested on 8 June 1986.   They were acquitted of fraud by the Korneuburg Regional Court (Kreisgericht) on 16 May 1988. On 17 June 1989 the Supreme Court (Oberster Gerichtshof), on the prosecution's plea of nullity, set aside the judgment of 16 May 1988 and remitted the case to the Steyr Regional Court.   On 27 September 1990 the applicants were acquitted for a second time.   The prosecution announced its intention to appeal.   On 12 February 1991 the applicants informed the Commission that the prosecution had withdrawn its notice of appeal.   THE LAW         The applicants' complaint relates to the length of the proceedings.         According to the applicants, the proceedings began in February or March 1985, when the first and second applicants, respectively, were first questioned by the police.   As the proceedings finished at a date between 27 September 1990 and 12 February 1991, the applicants consider the length to be over five and a half years.   They consider this to be in breach of the "reasonable time" requirement (Article 6 para. 1 (Art. 6-1) of the Convention).   The Government consider that the proceedings began on 6 June 1986, when the applicants were first fully questioned in connection with their alleged involvement in the fraud, and consider that the "reasonable time" has not been exceeded.         The Commission considers, in the light of the criteria established by the case-law of the Convention institutions on the question of "reasonable time" - the complexity of the case, the applicant's conduct and that of the competent authorities - and having regard to all the information in its possession, that the case raises questions which require an examination on the merits.           For these reasons the Commission unanimously         DECLARES THE REMAINDER OF THE APPLICATION ADMISSIBLE,       without prejudging the merits of the case.     Secretary to the First Chamber            President of the First Chamber             (M. de SALVIA)                            (J.A. FROWEIN)