Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  GRASSL v. AUSTRIA

  Art. 6 MRK
  Partly inadmissible (englisch)

Verfahrensgang

• EGMR, 24.10.2002 - 62778/00
• EGMR, 20.11.2003 - 62778/00

Wird zitiert von ... (0)Neu Zitiert selbst (6)

• EGMR, 28.08.1992 - 13161/87

  ARTNER v. AUSTRIA

  Auszug aus EGMR, 24.10.2002 - 62778/00

  The Court observes that the guarantees in paragraph 3 of Article 6 are specific aspects of the right to a fair trial set forth in paragraph 1. For this reason, it considers it appropriate to examine this complaint under the two provisions taken together (Artner v. Austria judgment of 28 August 1992, Series A no. 242-A, p. 10, § 19; Pullar v. the United Kingdom, judgment of 10 June 1996, Reports of Judgments and Decisions 1996-III, § 45).
• EGMR, 26.02.1993 - 13396/87

  PADOVANI v. ITALY

  Auszug aus EGMR, 24.10.2002 - 62778/00

  Under the subjective test, the personal impartiality of a judge must be presumed until there is proof to the contrary (cf. Bulut v. Austria judgment of 22 February 1996, Reports of Judgments and Decisions 1996-II, p. 356, § 32; Padovani v. Italy judgment of 26 February 1993, Series A no. 257-B, p. 20, § 26).
• EGMR, 24.11.1986 - 9063/80

  GILLOW v. THE UNITED KINGDOM

  Auszug aus EGMR, 24.10.2002 - 62778/00

  c) As regards the complaint about the alleged bias of the member of the IAP, the Court recalls that there is no general rule resulting from the obligation to be impartial that a superior court which sets aside an administrative or judicial decision is bound to send the case back to a different jurisdictional authority or to a differently composed branch of that authority (Eur. Court H.R., Ringeisen judgment of 16 July 1971, Series A No. 13, p. 40, § 97; Gillow v. the United Kingdom judgment of 24 November 1986, Series A no. 109, p. 28 § 73; appl. no. 15975/90, Dec. 1.7.91, DR 71, p. 245, O.N. v. Bulgaria, (Dec.), 35221/97, 6.4.2000).

 
• EGMR, 26.09.1995 - 18160/91

  DIENNET v. FRANCE

  Auszug aus EGMR, 24.10.2002 - 62778/00

  Further it recalls that the mere fact that the same judge had decided on the applicant's appeal in both parts of the proceedings, does not objectively justify any fears as to the impartiality on his or her part (see mutatis mutandis the Diennet v. France judgment of 26 September 1995, Series A no. 325-A, p. 16, § 38; Ringeisen v. Austria judgment of 16 July 1971, Series A no. 13, p. 40, § 97, Thomann v. Switzerland judgment of 10 June 1996, Reports 1996-III, p. 819, § 63).
• EGMR, 22.02.1984 - 8209/78

  Sutter ./. Schweiz

  Auszug aus EGMR, 24.10.2002 - 62778/00

  In the Sutter v. Switzerland case (see the judgment of 22 February 1984, Series A no. 74, pp. 14-15, § 34) it held that public delivery of a decision of the Military Court of Cassation was unnecessary, as public access to that decision was ensured by other means, namely the possibility of seeking a copy of the judgment from the court registry and its subsequent publication in an official collection of case-law.
• EGMR, 16.07.1971 - 2614/65

  RINGEISEN v. AUSTRIA

  Auszug aus EGMR, 24.10.2002 - 62778/00

  Further it recalls that the mere fact that the same judge had decided on the applicant's appeal in both parts of the proceedings, does not objectively justify any fears as to the impartiality on his or her part (see mutatis mutandis the Diennet v. France judgment of 26 September 1995, Series A no. 325-A, p. 16, § 38; Ringeisen v. Austria judgment of 16 July 1971, Series A no. 13, p. 40, § 97, Thomann v. Switzerland judgment of 10 June 1996, Reports 1996-III, p. 819, § 63).