2
NEUMEISTER v. AUSTRIA JUDGMENT
the procedure to be followed. By an Order of the same day, he decided that
the Government should file a memorial within a time-limit expiring on 25
March 1967 and that, after having received the said memorial, the
Commission would be at liberty to file a memorial within a time-limit to be
fixed subsequently.
On 10 March 1967, the President of the Chamber extended the time
allowed to the Government until 1 May 1967. On the same date he ruled
that the Commission’s memorial in reply should be filed by 1 September
1967 at the latest.
The Government’s memorial reached the Registry on 27 April 1967, and
that of the Commission on 3 August 1967.
4. By an Order of 12 October 1967, the President of the Chamber
decided that the oral proceedings would open on 4 January 1968. Giving
effect to a request of the Government, the Chamber authorised the Agent,
counsel and advisors of the former, on 24 November 1967, to use the
German language in the oral proceedings, it being the responsibility of the
Government to ensure the interpretation into French or English of their
arguments or statements (Rule 27 (2) of the Rules of Court).
On 18 December 1967, the Government submitted a request for the
postponement of the hearing. This request was not granted by the President
of the Chamber but the sudden indisposition of two Judges caused him to
issue an Order, on 4 January 1968 postponing the opening of the hearing
until 12 February 1968.
5. On 13 January 1968, the President of the Chamber instructed the
Registrar to invite the Government and the Commission to present certain
documents, which were added to the file on 23 January and 5 February 1968
respectively.
6. One judge and one substitute Judge having informed the President of
the Chamber that they were unable to attend the hearing, the President of the
Court, on 17 January 1968, drew by lot the names of two Substitute Judges.
As Mr. Verdross was unable to attend the hearing, the Government, on
12 February 1968, appointed to sit on this case as ad hoc Judge, Mr. Hans
Schima, Emeritus Professor at the Faculty of Law of the University of
Vienna, and member of the Austrian Academy of Sciences.
7. Pursuant to the aforesaid Order of 4 January 1968, a public hearing
was held at Strasbourg, in the Human Rights Building, on 12, 13 and 14
February 1968.
There appeared before the Court:
- for the Commission:
Mr. M. SØRENSEN,
Principal Delegate, and
MM. C.T. EUSTATHIADES and J.E.S. FAWCETT,
Delegates;
- for the Government:
Mr. E. NETTEL, Legationssekretär at
the Federal Ministry of Foreign Affairs, Agent, assisted by