CEDH · CASELAW;CLIN;ENG — 23 octobre 1995

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .s90A93616 { width:27.66pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .sC7C396CD { width:24.89pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. October 1995 Gradinger v. Austria - 15963/90 Judgment 23.10.1995 Article 6 Administrative proceedings Article 6-1 Access to court Criminal charge Criminal and administrative criminal proceedings for causing death by negligence and driving under the influence of drink: Article 6 § 1 applicable; violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   ARTICLE 6 § 1 OF THE CONVENTION A.   Applicability 1.   Whether there was a "criminal charge" Offences in issue and procedures followed: fell within administrative sphere but were nevertheless criminal in nature, as was reflected in the terminology - fine imposed had been accompanied by an order for committal to prison in the event of default. 2.   Austria's reservation in respect of Article 5 of the Convention Mentions only Article 5 and makes express reference solely to measures for the deprivation of liberty - in the instant case a substantive provision not specified in the reservation had been applied. Conclusion : Article 6 § 1 applicable (unanimously). B.   Compliance 1.   Access to a tribunal Constitutional Court: lacked "full jurisdiction". Administrative Court: powers to be assessed in the light of the criminal nature of the case - when compatibility with Article 6 § 1 is being gauged, regard must be had to the complaints raised by the applicant as well as to the defining characteristics of a "judicial body that has full jurisdiction" - no power to quash in all respects, on questions of fact and law, the decision of the body below. Conclusion : violation (unanimously). 2.   Lack of a hearing and failure to take evidence from witnesses Having regard to the foregoing conclusion, unnecessary to examine the complaint. Conclusion : unnecessary to examine complaint (unanimously). II.   ARTICLE 4 OF PROTOCOL NO. 7 A.   Reservation in respect of Article 4 No "brief statement" of the law said not to conform to Articles   3 and 4 of Protocol No. 7 - "declaration" does not afford to a sufficient degree "a guarantee ... that it does not go beyond the provisions expressly excluded" by Austria. B.   Applicability ratione temporis Second set of proceedings had reached their conclusion in a decision later in date than the entry into force of Protocol No. 7. Conclusion : Article 4 of Protocol No. 7 applicable (unanimously). C.   Compliance Applicant's intoxication: not made out according to the Regional Court but administrative authorities had found that the relevant alcohol level had been attained - provisions in question differed as regards the designation of the offences and also as regards their nature and purpose - offence provided for in section 5 of the Road   Traffic Act represented only one aspect of the offence punished under Article 81 § 2 of the Criminal Code - nevertheless, impugned decisions had been based on same conduct. Conclusion : violation (unanimously). III.   ARTICLE 50 OF THE CONVENTION Costs and expenses: reimbursement in part. Conclusion : respondent State to pay a specified sum to the applicant (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes