Friedrich Kremzow v Republik Österreich.

• Jurisdiction: European Union
• Celex Number: 61995CJ0299
• ECLI: ECLI:EU:C:1997:254
• Date: 29 May 1997
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: C-299/95

Avis juridique important

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61995J0299

Judgment of the Court (Fifth Chamber) of 29 May 1997. - Friedrich Kremzow v Republik Österreich. - Reference for a preliminary ruling: Oberster Gerichtshof - Austria. - Article 164 of the EC Treaty - European Convention on Human Rights - Deprivation of liberty - Right to a fair trial - Effects of a judgment of the European Court of Human Rights. - Case C-299/95.

European Court reports 1997 Page I-02629

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Community law - Principles - Fundamental rights - Observance ensured by the Court - Compatibility with the European Convention on Human Rights of national legislation not falling within the field of application of Community law - Review by the Court - Precluded

(EC Treaty, Arts 164 and 177)

Summary

Where national legislation is concerned with a situation which does not fall within the field of application of Community law, the Court cannot, in a reference for a preliminary ruling, give the interpretative guidance necessary for the national court to determine whether that national legislation is in conformity with the fundamental rights whose observance the Court ensures, such as those deriving in particular from the Convention for the Protection of Human Rights and Fundamental Freedoms.

Accordingly, provisions of national law not designed to secure compliance with rules of Community law are concerned with a situation which does not fall within the field of application of Community law even though a term of imprisonment imposed by virtue of those provisions may impede the person concerned from exercising his right to freedom of movement, since a purely hypothetical prospect of exercising that right does not establish a sufficient connection with Community law to justify the application of Community provisions.

Parties

In Case C-299/95,

REFERENCE to the Court under Article 177 of the EC Treaty by the Oberster Gerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between

Friedrich Kremzow

supported by

Wilfried Weh

intervener,

and

Republik Österreich,

on the interpretation of Article 164 of the EC Treaty and a number of provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms,

THE COURT

(Fifth Chamber),

composed of: J.C. Moitinho de Almeida (Rapporteur), President of the Chamber, C. Gulmann, D.A.O. Edward, J.-P. Puissochet and P. Jann, Judges,

Advocate General: A. La Pergola,

Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of:

- Mr Kremzow, by Richard Soyer, Rechtsanwalt, Vienna,

- Republik Österreich, by Herbert Arzberger, Oberrat in the Public Prosecutor's Office (Finanzprokurator), acting as Agent,

- Wilfried Ludwig Weh, intervener in the main proceedings,

- the Austrian Government, by Wolf Okresek, Ministerialrat in the Bundeskanzeramt-Verfassungsdienst, acting as Agent,

- the German Government, by Ernst Röder, Ministerialrat in the Federal Ministry of Economic Affairs, acting as Agent,

- the Greek Government, by Ekaterini Samoni-Rantou, Assistant Legal Adviser in the Community Legal Affairs Department of the Ministry of Foreign Affairs, and by Lydia Pnevmatikou and Georgios Karipsiadis, Specialized Researchers in that department, acting as Agents,

- the French Government, by Catherine de Salins, Deputy Director in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and Anne de Bourgoing, Chargé de Mission in that department, acting as Agents,

- the United Kingdom Government, by Lindsey Nicoll, of the Treasury Solicitor's Department, acting as Agent, and Daniel Bethlehem, Barrister,

- Commission of the European Communities, by Ulrich Wölker, of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Kremzow, Republik Österreich, Wilfried Ludwig Weh, the Austrian Government, the Greek...