Lederbauer v Austria, UN Human Rights Committee (2006) (excerpts)

Lederbauer v Austria, UN Human Rights Committee Communication 1454/2006 (excerpts)


8.2 In assessing the reasonableness of the delay between 6 February 1995, when the author appealed his suspension to the High Administrative Court, and 29 November 2002, when the High Administrative Court upheld the suspension of the author, the Committee takes into consideration the author's uncontested argument that the High Administrative Court took no procedural action whatsoever during the entire period in question, during which his salary was reduced by one third. Even assuming that the thoroughness of the High Administrative Court's judgment of 29 November 2002 indicates the complexity of the case, the Committee does not consider that this circumstance justifies a delay of more than seven and a half years, during which, up to the date of his dismissal on 31 January 2001, the author was subjected to a salary reduction and to the legal uncertainty about his professional situation. The Committee concludes that the delay in the proceedings before the High Administrative Court concerning the author's suspension was unreasonable and in breach of article 14, paragraph 1, of the Covenant.