I incorrectly predicted that there's no violation of human rights in PAGITSCH GMBH v. AUSTRIA.

Information

  • Judgment date: 2019-05-07
  • Communication date: 2019-11-25
  • Application number(s): 56387/17
  • Country:   AUT
  • Relevant ECHR article(s): 6, 6-1
  • Conclusion:
    Violation of Article 10 - Freedom of expression-{general} (Article 10-1 - Freedom of expression)
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.613136
  • Prediction: No violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the legal classification of professional relations established between the applicant company and three other involved parties as employment contracts under social-security law.
The Salzburg Health Insurance Board (Salzburger Gebietskrankenkasse) ordered the applicant company to pay the outstanding contributions plus surcharges (in total approximately 32.500 Euros).
The applicant company contested the findings of the Salzburg Health Insurance Board and appealed to the Federal Administrative Court (Bundesverwaltungsgericht), requesting an oral hearing to be held.
The Federal Administrative Court dismissed its request, stating that an oral hearing would clearly not have led to a further clarification of the relevant facts, and also dismissed its appeal.
The Constitutional Court (Verfassungsgerichtshof) as well as the Administrative Court (Verwaltungsgerichtshof) refused to deal with its complaints.
The applicant company claims that its right to a fair trial under Article 6 § 1 of the Convention has been violated as no oral hearing has been held in its case.
It further complains under Article 6 § 1 of the Convention that the Federal Administrative Court based its decision on observations filed by the Salzburg Health Insurance Board which had not been made known to the applicant company.

Judgment