FOURTH SECTION

CASE OF HEINZ AND HAIDERER v. AUSTRIA

(Applications nos. 33010/22 and 31668/23)

JUDGMENT

STRASBOURG

3 April 2025

This judgment is final but it may be subject to editorial revision.

In the case of Heinz and Haiderer v. Austria,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

 Anne Louise Bormann, President,
 Sebastian Răduleţu,
 András Jakab, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 March 2025,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in applications against Austria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2.  The Austrian Government (“the Government”) were given notice of the applications.

THE FACTS

3.  The list of applicants and the relevant details of the applications are set out in the appended table.

4.  The applicants complained of the excessive length of civil proceedings.

THE LAW

1.  JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

6.  The applicants complained that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention.

7.  The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

8.  In the leading cases of Rambauske v. Austria, no. 45369/07, §§ 21-23, 28 January 2010 and Holzinger v. Austria (no. 2), no. 28898/95, §§ 26-29, 30 January 2001, the Court already found a violation in respect of issues similar to those in the present case.

9.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement. With regard to application no. 31668/23, the Court notes that this would have been the case even if the applicant had accelerated the proceedings by availing himself of domestic remedies earlier.

10.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

3. APPLICATION OF ARTICLE 41 OF THE CONVENTION

11.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Rambauske, cited above, §§ 16 and 32), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the excessive length of civil proceedings;
4. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table;

(b)  that from the expiry of the above‑mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 3 April 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Anne Louise Bormann
 Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

[1] Plus any tax that may be chargeable to the applicants.