European Court of Human Rights - case of Hauser-Sporn v. Austria (2006) (excerpts)

European Court of Human Rights - case of Hauser-Sporn v. Austria (2006) (excerpts)

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52.  The Court reiterates that the Contracting States may limit the scope of the review by a higher tribunal by virtue of the reference in paragraph 1 of this Article to national law. In several Member States of the Council of Europe such a review is limited to questions of law or may require the person wishing to appeal to apply for leave to do so (see Pesti and Frodl v. Austria (dec.), nos. 27618/95 and 27619/95, ECHR 2000 I (extracts)). There is no indication that, in the present case, the scope of review of the Administrative Court under the relevant Austrian legislation (see the relevant domestic law above) was insufficient for the purposes of Article 2 of Protocol No. 7. The Administrative Court's decision under section 33(a) of the Administrative Court Act not to deal with the applicant's complaint may be equated to a decision given on an application for leave to appeal (see Weh and Weh v. Austria (dec), no. 38544/97, 4 July 2002, with further references). Thus, there is no appearance of a violation of Article 2 of Protocol No. 7 nor of Article 13 of the Convention. It follows that this complaint must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.