FIRST SECTION
CASE OF SCHALK AND KOPF v. AUSTRIA
(Application no. 30141/04)
JUDGMENT
STRASBOURG
24 June 2010
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大綱摘要PROCEDURE
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
II. RELEVANT DOMESTIC AND COMPARATIVE LAW
A. Austrian law
B. Comparative law
THE LAW
I. THE GOVERNMENT'S REQUEST TO STRIKE THE APPLICATION OUT OF THE COURT'S LIST
II. ALLEGED VIOLATION OF ARTICLE 12 OF THE CONVENTION
A. Admissibility
B. Merits
1. The parties' submissions
2. The third party interveners' submissions
3. The Court's assessment
a. General principles
b. Application in the present case
III. ALLEGED VIOLATION OF ARTICLE 14 TAKEN IN CONJUNCTION WITH ARTICLE 8 OF THE CONVENTION
A. Admissibility
1. Exhaustion of domestic remedies
2. The applicants' victim status
3. Conclusion
B. Merits
1. The parties' submissions
2. The third parties' submissions
3. The Court's assessment
a. Applicability of Article 14 taken in conjunction with Article 8
b. Compliance with Article 14 taken together with Article 8
IV. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1
Admissibility
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government's request to strike the application out of the Court's list;
2. Declares by six votes to one admissible the applicants' complaint under Article 12 of the Convention;
3. Declares unanimously admissible the applicants' complaint under Article 14 taken in conjunction with Article 8 of the Convention;
4. Declares unanimously inadmissible the remainder of the application;
5. Holds unanimously that there has been no violation of Article 12 of the Convention;
6. Holds by four votes to three that there has been no violation of Article 14 taken in conjunction with Article 8 of the Convention.
Done in English, and notified in writing on 24 June 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
