PROCEDURE

The case was referred to the Court by an Austrian national, Erich Kiefer (“the applicant”) on 30 December 1998 pursuant to former Article 48 § 1 (e) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). It originated in an application (no. 27353/95) against Switzerland lodged by the applicant with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention, on 13 April 1995.

The applicant is represented by Mr B. Gachnang, a lawyer practising in Lucerne in Switzerland. The Swiss Government are represented by their Agent, Mr Ph. Boillat.

The case concerns the duration of the proceedings instituted by the applicant and whether they were terminated within a “reasonable time” as required by Article 6 § 1 of the Convention.

On 31 March 1999 a Panel of the Grand Chamber decided, in accordance with Article 5 § 4 of Protocol No. 11 taken together with Rules 100 § 1 and 24 §6 of the Rules of Court, that the case should be dealt with by a Chamber constituted within one of the Sections of the Court. Subsequently, the President of the Court assigned the case to the Second Section. The Chamber constituted within the Section included ex officio Mr L. Wildhaber, the judge elected in respect of Switzerland (Article 27 § 2 of the Convention and Rule 26 § 1 (a) of the Rules of Court), and Mr M. Fischbach, Mr B. Conforti, Mr G. Bonello, Mrs V. Strážnická, Mr P. Lorenzen and Mrs M. Tsatsa-Nikolovska (Rule 26 § 1 (b)).

On 29 April 1999 the President invited the parties to submit memorials in the case (Rule 59 § 3). The applicant was further invited to submit his claim for just satisfaction under Article 41 of the Convention (Rule 60 § 1). The applicant filed his reply on 31 May 1999. The Government replied on 29 June 1999. The Austrian Government were invited on 7 February 2000 to state whether they wished to intervene in accordance with Article 36 of the Convention and Rule 61 of the Rules of Court. By letter of 25 February 2000 they replied that they did not wish to do so.

AS TO THE FACTS

The applicant is an Austrian citizen, born in 1946 and resident in Graz in Austria. He resided in Switzerland from 1979-1984, working as a lorry driver and paying contributions to the Swiss social security insurance.

In 1983 the applicant suffered an injury and became partly disabled. On 7 November 1985 he requested pension benefits from the Swiss Invalidity Insurance (Invalidenversicherung). As a result, the Invalidity Insurance Commission (Invalidenversicherungs-Kommission) was called upon to examine the case and the Swiss Compensation Office (Schweizerische Ausgleichskasse) to decide it. Based on ten medical reports issued between 1983 and 1987, the Compensation Office dismissed the applicant's request on 23 December 1987, as he was only partly hindered in exercising his profession as a lorry driver.

On 28 January 1988 the applicant filed an appeal against this decision with the Federal Appeals Commission for Old Age, Survivors and Invalidity Insurance (Eidgenössische Rekurskommission für die Alters-, Hinterlassenen- und Invalidenversicherung), which, on 25 October 1988, considered that the previous decision was contradictory in respect of the applicant's ability to work. It upheld the applicant's appeal and referred the case back to the Compensation Office for renewed examination.

Proceedings were resumed before the Compensation Office which obtained various medical opinions and other information. In 1989, various reports were filed by Austrian experts. Thus, on 20 January 1989 Dr. R., an internist, submitted a medical report. On 14 February 1989 Dr. W. replied to a medical questionnaire. The orthopaedist Dr. P. presented a report on 23 February 1989. A neurologist, Professor O., submitted a report on 26 May 1989. A second report was prepared by Dr. R. on 31 August 1989. The psychologist Dr. T. filed a report on 5 September 1989. A second report was filed by Dr. W. on 19 September 1989. Dr. P. submitted a second report on 16 October 1989. The radiologist Dr. G. transmitted his report on 31 October 1989. Finally, Dr. W. submitted his third report on 14 December 1989. On 7 February 1990 the Austrian orthopaedist Dr. L.-K. submitted another report. Meanwhile, in a letter dated 11 December 1989 the applicant requested the Austrian authorities to undertake a most thorough examination of his case by means of a further medical expert.

Based on these various reports, Dr. M.-L., a Swiss specialist in labour medicine, submitted a report on 27 April 1990 in which he concluded that the applicant was not hindered in exercising his former profession as a lorry driver. Dr. S., a doctor employed by the Swiss Compensation Office, submitted a report on 16 June 1990 in which he agreed with Dr. M.-L.'s conclusions, while determining the applicant's ability to work as a lorry driver at 80 %, and at 100 % for other professions.

The Invalidity Insurance Commission considered in its proposal of 19 July 1990 that the applicant had not sufficiently demonstrated his invalidity. The applicant was given the opportunity to reply thereto.

Dr. S., who had meanwhile filed two further reports on 29 May and 16 June 1990, requested in a report of 4 November 1990 a further examination of the applicant which took place in Zurich on 23 May 1991. The Swiss orthopaedist Dr. Sta. filed a report on 28 November 1991 in which he concluded that the applicant was unable to work as a lorry driver, though he could be expected to work up to 50 % in certain other professions. Meanwhile, the Austrian orthopaedist Dr. L.-K. submitted a second report on 27 June 1991. In 1992 Dr. S., employed by the Compensation Office, submitted three reports: In his report of 25 January 1992, he disagreed with the conclusion that the applicant could not be expected to work at all. A report of 11 June 1992, complemented a previous report. Finally, in his report of 9 July 1992, he replied to a further question put to him by the Invalidity Insurance Commission.

Further information was submitted by the Austrian pension authorities on 29 April and 4 September 1992, in particular that the applicant had not paid certain social security contributions in Austria in 1984 and 1985.

On 30 October 1992 the applicant was issued a preliminary decision (Vorbescheid) according to which he had not been insured when the injury had occurred for which reason a formal condition for granting an invalidity pension had not been met. The applicant was granted a time-limit of 30 days to reply. Following the applicant's request for a prolongation of one month, his submissions in reply were filed on 4 January 1993.

On 7 April 1993 the Compensation Office dismissed the applicant's request for pension benefits as he had not been insured at the time concerned. On 10 May 1993 he filed an appeal against this decision which was dismissed by the Federal Appeals Commission for Old Age, Survivors and Invalidity Insurance on 21 February 1994.

On 5 April 1994 the applicant filed an administrative law appeal in which he stated, inter alia: “It is surprising that the authorities required nearly 10 years to determine that (the applicant) had lacked the quality of an insured person on 7 April 1984. At least the Federal Appeals Commission determined in § 4 of its decision that there was an invalidity. Now we are faced with the situation that an invalid person has been held off for nearly ten years and has been called to submit to examinations, although he is apparently not even insured. The decision of 23 December 1987 refused to grant a pension on the grounds that there was no invalidity, without even dealing with the allegedly missing insurance quality. The conduct of the authorities, and in particular the result of this conduct, breaches good faith and must be described as arbitrary. ... The fact that the applicant has been refused status as an insured person ten years after it was allegedly found missing amounts to a breach of good faith, it is arbitrary and breaches the principle of equality emanating from Section 4 of the Federal Constitution.”

The administrative law appeal was dismissed on 18 November 1994 by the Federal Insurance Court (Eidgenössisches Versicherungsgericht), the decision being served on 25 November 1994. PROCEEDINGS BEFORE THE COMMISSION

The applicant applied to the Commission on 13 April 1995, complaining under Article 6 § 1 about the length of social security proceedings.

The Commission declared the application admissible on 16 April 1998. In its report of 21 October 1998 (former Article 31), it expressed the unanimous opinion that there had been a violation of Article 6 § 1.