CEDH · CASELAW;REPORTS;ENG — 10 septembre 1996

.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 }                        EUROPEAN COMMISSION OF HUMAN RIGHTS                                FIRST CHAMBER                            Application No. 21442/93                                  Otto Bruckner                                   against                                     Austria                              REPORT OF THE COMMISSION                       (adopted on 10 September 1996)                                  TABLE OF CONTENTS                                                                        Page     INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1     PART I   :   STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3     PART II :   SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4                                INTRODUCTION     1.     This Report relates to the application introduced under Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Otto Bruckner against Austria on 1 February 1993.   It was registered on 26 February 1993 under file No. 21442/93.   2.     The applicant was represented by Mr. Hansjörg Kaltenbrunner, lawyer, Linz.   The Government of Austria were represented by their Agent, Ambassador F. Cede, head of the International Law Department at the Federal Ministry for Foreign Affairs.   3.     The Commission took a partial decision on the admissibility of the application on 18 October 1994.   On 17 January 1996 the Commission (First Chamber) declared the remainder of the application admissible. The remaining part of the application concerns the applicant's complaint about a violation of Article 6 of the Convention in that his conviction in administrative criminal proceedings was not accompanied by the requisite procedural guarantees, in particular that the Administrative Court was not a "tribunal" within the meaning of Article 6 para. 1 of the Convention.   4.     The Commission then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:         "In the event of the Commission accepting a petition referred to       it:         a.    it shall, with a view to ascertaining the facts, undertake       together with the representatives of the parties an examination       of the petition and, if need be, an investigation, for the       effective conduct of which the States concerned shall furnish all       necessary facilities, after an exchange of views with the       Commission;         b.    it shall at the same time place itself at the disposal of       the parties concerned with a view to securing a friendly       settlement of the matter on the basis of respect for Human Rights       as defined in this Convention."   5.     The Commission (First Chamber) found that the parties had reached a friendly settlement of the case and on 10 September 1996 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.   6.     The following members were present when the Report was adopted:              Mrs.   J. LIDDY, President            MM.    M.P. PELLONPÄÄ                  E. BUSUTTIL                  A. WEITZEL                  C.L. ROZAKIS                  B. MARXER                  G.B. REFFI                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL                                   PART I                             STATEMENT OF THE FACTS     7.     The applicant, an Austrian citizen born in 1940 who lives in Linz, was convicted in administrative criminal proceedings of failure to comply with the legislation on periods of rest at work (for further details see Dec. 18.10.94, D.R. 79-A p. 47).   A penal order was issued by the Mayor of Linz on 19 July 1990.   The applicant was fined AS 3,000.00, with three days' detention in default.   8.     The applicant's appeal to the Upper Austrian Provincial Governor (Landeshauptmann) was rejected on 30 July 1991.   9.     On 9 July 1992 the Administrative Court (Verwaltungsgerichtshof) dismissed the applicant's administrative complaint.                                     PART II                                SOLUTION REACHED     10.    Following the final decision on the admissibility of the application, the Commission (First Chamber) placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention, and invited the parties to submit any proposals they wished to make.   11.    In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   12.    In the light of the applicant's letter of 23 February 1996 and the respondent Government's request for settlement proposal, the Commission on 16 April 1996 considered that payment by the Government of the sum of AS 50,000 to the applicant would represent an appropriate settlement of the present case.   13.    Settlement declarations to that effect were submitted by the applicant on 22 May 1996 and by the Government on 16 July 1996.   14.    At its session on 10 September 1996, the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   15.    For these reasons, the Commission adopted the present Report.       M.F. BUQUICCHIO                                  J. LIDDY      Secretary                                     President to the First Chamber                         of the First Chamber