PROCEDURE

The case originated in an application (no. 45369/07) against the Republic of Austria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Austrian nationals, Mr Wolfgang Rambauske and Mrs Martina Rambauske (“the applicants”), on 15 October 2007.

The applicants were represented by Mr P.-L. Kirste, a lawyer practising in Salzburg. The Austrian Government (“the Government”) were represented by their Agent, Ambassador F. Trauttmansdorff, Head of the International Law Department at the Federal Ministry for European and International Affairs.

On 11 February 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicants are the joint owners of a house in Salzburg which they had acquired in 1996. In spring 1997 they discovered that the distance between an annex to their house and the neighbouring plot of land did not correspond to the minimum distance required by the building permit.

On 24 November 1997 the applicants applied to the Salzburg Municipal Authority (Magistrat) for a retrospective building permit including, among other points, the authorisation to go below the minimum distance between the annex to their house and the neighbouring plot.

The Salzburg Municipal Authority fixed a date for a hearing on the property in question, but cancelled that date on the applicants’ request. Subsequently, the applicants and their neighbours filed comprehensive submissions and the applicants submitted substitute plans which were then examined by a court-appointed expert, A.

A hearing on the applicants’ property was held on 4 November 1998. On the applicants’ request the time-limit for commenting on the results of the hearing was extended from 4 to 31 December 1998. Having announced to submit a private expert opinion by the end of January 1999 the applicants did so on 2 June 1999. On 1 August 1999 the applicant’s neighbours filed comments. The Salzburg Municipal Authority granted the applicants’ request on 7 December 1999.

On 23 December 1999 the applicants’ neighbours appealed against the authorisation to reduce the minimum distance between their property and the applicants’ house.

Until August 2000 the Appeals Commission (Bauberufungs-kommission) tried to achieve a settlement between the applicants and their neighbours. As these efforts failed, it took further evidence, asking expert A. to supplement his opinion. The parties were asked to comment by 21 February 2001. That time-limit was extended several times on the applicants’ request until 30 March 2001. The Appeals Commission held an on-site hearing on 6 July 2001.

On 17 October 2001, after a further attempt to achieve a friendly settlement had failed, the Appeals Commission requested the applicants for further comments by 6 November. On their request the time-limit was extended until 28 November 2001. Following a change in the designation of the applicants’ property, the Appeals Commission asked them to comment by 13 February 2002. On that date the applicants submitted comments and amended their request which was subsequently submitted to expert A. The latter submitted his opinion, after the applicants had made further necessary amendments of the plan, on 24 September 2002. On the applicants’ request, the time-limit for filing comments was extended from 12 November until 9 December 2002. The time-limit for replying to their neighbours’ comments was extended from 2 January until 28 January 2003.

On 18 March 2003 the Appeals Commission confirmed the Municipal Authority’s decision.

On 2 May 2003 the applicants’ neighbours lodged a complaint to the Administrative Court. The Appeals Commission submitted its observations on 3 July and the applicants submitted their observations in reply on 24 July 2003.

On 27 March 2007 the Administrative Court (Verwaltungsgerichtshof) dismissed the neighbours’ complaint as being unfounded. The judgment was served on the applicants’ counsel on 19 April 2007.