Sodium-Paper Industry Company v Federal Distribution Commission

JurisdictionAustria
CourtAdministrative Court (Austria)
Austria, Administrative Court.
Sodium-Paper Industry Company
and
Federal Distribution Commission

Treaties Special kinds of treaties European Convention on Human Rights Interpretation of civil rights and obligations under Article 6 Interpretation of Article 13 The law of Austria

The individual in international law In general Position of Human Rights and Freedoms European Convention for Protection of Interpretation of Articles 6 and 13 The law of Austria

Summary: The facts.This was an appeal against a decision of the Federal Distribution Commission, a body set up to distribute sums of money received inter alia from Roumania in pursuance of a financial agreement with that country. Under the provisions of the Constitution there was no appeal to the Administrative Court against decisions of such a body. The appellant argued that provisions of the European Convention on Human Rights have superseded the Constitution in that respect.

Held: The appeal must be rejected. The claims to the money to be distributed were not of the nature of civil rights and obligations in the sense of Article 6 of the Convention. Article 13 is consequently not applicable.

The following is the text of the judgment:

The Administrative Court has resolved to dismiss the appeal lodged by the Sodium-Paper Industry Company in Vienna against the decision of the Federal Distribution Commission at the Federal Ministry of Finance of 31 January 1967 (Zl. 6 Rum BVK-F 1195/ 663) concerning its claim to compensation under the Distribution (Roumania) Act.

Reasons

The present complaint is an appeal against a decision of the Federal Distribution Commission at the Federal Ministry for Finance by which the Commission dismissed as unfounded a claim made under s. 18 of the Federal Statute of 10 December 1964 (BGBl No. 71) on the utilization of the sums to be received under the provisions of the Treaty between the Republic of Austria and the Roumanian People's Republic for the Settlement of Financial Questionsthe Distribution (Roumania) Act.

Under s. 17 of the Distribution (Roumania) Act, the Federal Distribution Commission, established in accordance with the Federal Statutes of 18 March 1964 (BGBl No. 129), (the Distribution (Bulgaria) Act), is competent to distribute the sums received under the provisions of the Treaty between the Republic of Austria and the Roumanian People's Republic for the Settlement of Financial Questions (BGBl No. 70/65) [hereinafter referred to as the Treaty].

In accordance with s...

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