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The European Court of Human Rights (First Section), sitting as a Chamber composed of:
The case originated in two applications (nos. 39392/98 and 39829/98) against the Republic of Austria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Austrian nationals, Mr G.L. and Mr A.V. (“the applicants”), on 20 June and 10 December 1997 respectively.
The applicants were represented by Mr H. Graupner, a lawyer practising in Vienna. The Austrian Government (“the Government”) were represented by their Agent, Mr H. Winkler, Head of the International Law Department at the Federal Ministry of Foreign Affairs.
The applicants alleged, in particular, that the maintenance in force of Article 209 of the Austrian Criminal Code, which penalised homosexual acts of adult men with consenting adolescents between 14 and 18 years of age, and their convictions under that provision violated their right to respect for their private life and were discriminatory.
The applications were transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).
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