CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 31 mars 1993

.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 }                            AS TO THE ADMISSIBILITY OF                         Application No. 16941/90                       by R.E.                       against Austria         The European Commission of Human Rights sitting in private on 31 March 1993, the following members being present:              MM.    J.A. FROWEIN, President of the First Chamber                  F. ERMACORA                  G. SPERDUTI                  E. BUSUTTIL            Sir    Basil HALL            Mr.    C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    M.P. PELLONPÄÄ                  B. MARXER              Mrs.   M. BUQUICCHIO, 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 19 June 1990 by R.E against Austria registered on 27 July 1990 under file No. 16941/90;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the observations submitted by the respondent Government on 11 July 1991 and the observations in reply submitted by the applicant on 1 August 1991;         Having deliberated;         Decides as follows:     THE FACTS         The applicant is an Austrian citizen born in 1956.   He lives in Klam in Upper Austria, and is represented before the Commission by Mr. C. Slana, a lawyer practicing in Linz.   In his application, in which he relies on Article 6 para. 1 of the Convention, he complains of the length of the proceedings before the a Chamber of the Linz Customs Authority (Spruchsenat des Zollamtes).         The following is a summary of the proceedings.         The applicant was questioned on 10 November 1984 in connection with failure to present 39 parcels of watches for customs clearance and the offence of breaking customs seals.   On 30 May 1986 a penal notice (Strafverfügung) was issued by the Linz Customs Authority accusing the applicant of various customs offences under the Code of Financial Offences (Finanzstrafgesetz).   A fine of AS 25,000 was imposed with 50 days' detention in default.   The applicant filed an objection to the penal notice and "full" proceedings were opened before a Chamber of the Customs Authority.   The proceedings ended on 22 May 1991 with a decision of the Chamber to convict the applicant in respect of non-compliance with tax regulations and attempted smuggling.   He was fined AS 20,000 with a compensation order of AS 10,000 and costs.   The charges of breaking customs seals were dismissed for lack of evidence.   The applicant did not appeal.     THE LAW         The applicant's complaint relates to the length of the proceedings in question.   These proceedings began on 10 November 1984 when the applicant was first questioned in connection with the alleged offences. They ended on 22 May 1991 when the applicant was convicted on certain charges and others were dismissed.         According to the applicant, the length of the proceedings - a period of some six and a half years - is in breach of the "reasonable    time" requirement (Article 6 para. 1 (Art. 6-1) of the Convention).   The Government take the opposite view.         The Commission considers, in the light of the criteria established by the case-law of the Convention organs 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 a thorough examination of this complaint is required as to the merits.         For these reasons, the Commission unanimously         DECLARES THE APPLICATION ADMISSIBLE,       without prejudging the merits of the case.     Secretary to the First Chamber         President of the First Chamber             (M.F. BUQUICCHIO)                         (J.A. FROWEIN)