Auszug aus EGMR, 21.03.2000 - 37950/97

The applicant argued before the Court that, in the light of the case of Gradinger v. Austria (judgment of 23 October 1995, Series A no. 328-C), the Court of Appeal should quash the decision of the Regional Court.

The Government submit that the Court, in its Oliveira v. Switzerland judgment (30 July 1998, Reports of Judgments and Decisions 1998-V), had - contrary to its Gradinger v. Austria judgment (23 October 1995, Series A no. 328-C) - considered the legal qualification as the criterion for determining the "offence" within the meaning of Article 4 of Protocol No. 7. In their view, the present application like the Oliveira case concerns "a typical example of a single act constituting various offences (concours idéal d'infractions)", i.e. a case where one criminal act constitutes two separate offences which does not infringe Article 4 of Protocol No. 7. Besides, unlike the Gradinger case, there was no inconsistency in the two relevant authorities" assessment of the present applicant's blood alcohol level.