NEUMEISTER v. AUSTRIA JUDGMENT
1
In the "Neumeister" case,
The European Court of Human Rights, sitting in accordance with the
provisions of Article 43 (art. 43) of the Convention for the Protection of
Human Rights and Fundamental Freedoms (hereinafter referred to as "the
Convention") and Rules 21, 22 and 23 of the Rules of Court as a Chamber
composed of the following Judges:
Mr. H. ROLIN, President
and
MM. A. HOLMBÄCK,
G. BALLADORE PALLIERI,
H. MOSLER,
M. ZEKIA,
S. BILGE,
H. SCHIMA, ad hoc Judge
and also Mr. M.-A. EISSEN, Deputy Registrar,
decides as follows:
PROCEDURE
1. By a request dated 7 October 1966, the European Commission of Human
Rights (hereinafter called "the Commission") referred to the Court the
"Neumeister" case. On 11 October 1966 the Government of the Republic of
Austria (hereinafter called "the Government") also referred to the Court the
said case the origin of which lies in an Application lodged with the
Commission on 12 July 1963 by Fritz Neumeister, an Austrian national,
against the Republic of Austria (Article 25 of the Convention) (art. 25).
The Commission’s request, to which was attached the Report provided
for by Article 31 (art. 31) of the Convention, and the Application of the
Government were lodged with the Registry of the Court within the period of
three months laid down in Articles 32 (1) and 47 (art. 32-1, art. 47). They
referred firstly to Articles 44 and 48 (art. 44, art. 48), and secondly to the
Government’s declaration recognising the compulsory jurisdiction of the
Court under Article 46 (art. 46) of the Convention.
2. On 7 November 1966, Mr. René Cassin, President of the Court, drew
by lot in the presence of the Deputy Registrar, the names of six of the seven
Judges called upon to sit in the Chamber, Mr. Alfred Verdross, the elected
Judge of Austrian nationality, being an ex officio member under Article 43
(art. 43) of the Convention; the President also drew by lot the names of
three Substitute Judges.
3. On 22 November the President of the Chamber ascertained the views
of the Agent of the Government and of the Delegates of the Commission on