NEUMEISTER v. AUSTRIA - 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, 22 and 23 of the Rules of Court as a Chamber composed of the following Judges:

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. Ren� 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 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.