NEUMEISTER v. AUSTRIA (ARTICLE 50) - 1936/63

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 and 22 of the Rules of Court as a Chamber composed of the following judges:

Decides as follows on the question of the application of Article 50 (art. 50) of the Convention in the present case :

2.� By judgment of 27 June 1968 the Court, while rejecting two other complaints of the applicant, held that there had been a breach of Article 5 (3) (art. 5-3) of the Convention in that the detention of Neumeister had been continued for longer than a reasonable time (first point of the operative part of the judgment and paragraphs 3 to 15 of the reasoning).

3.� On 2 July 1968, the Vienna Regional Criminal Court sentenced the applicant to five years� severe imprisonment for aggravated fraud; the two above-mentioned periods of detention on remand were reckoned as part of the sentence.� The Supreme Court upheld that decision on 16 June and 4 November 1971.

4.� On 23 December 1970, Neumeister presented to the Austrian Federal Ministry of Justice a claim for a provisional overall sum of 3,500,000 schillings compensation in reparation of the damage he had allegedly sustained by reason of the violation so found by the European Court.� On 17 March 1971, the Finanzprokuratur (revenue department of the Attorney General�s office) informed him that the Republic of Austria could not accept that he was entitled to such compensation since the conditions required therefore under the law in force were not satisfied.