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1/3/14
Thierry Debels
@thierryd
AS TO THE ADMISSIBILITY OF
Application No. 15344/89
by Carl-Ludwig and Lorenz HABSBURG-LOTHRINGEN
against Austria
The European Commission of Human Rights sitting in private
on 14 December 1989, the following members being present:
MM. C.A. NRGAARD, President
J.A. FROWEIN
S. TRECHSEL
E. BUSUTTIL
A.S. GZBYK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
Mr. H.C. KRGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the
Protection of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 30 July 1989
by Carl-Ludwig and Lorenz HABSBURG-LOTHRINGEN against Austria and
registered on 3 August 1989 under file No. 15344/89;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The facts of the case, as submitted by the applicants, may be
summarised as follows.
The first applicant, an Austrian citizen born in 1918, is a
banker residing in Brussels. He is a son of Charles, the last Emperor
of Austria. The second applicant, an Austrian citizen born in 1955,
is a banker residing at Arlesheim in Switzerland. He is a grandson of
the Emperor Charles. Before the Commission the applicants are
represented by Professor H. Golsong, a lawyer residing at Chevy Chase
in Maryland, United States, and Dr. W. Bitschnau, a lawyer residing at
Bludenz in Austria.
I.
Charles Emperor of Austria abdicated on 11 November 1918.
On 3 April 1919 the Austrian Act on the Banishment and the
Expropriation of the Property of the House Habsburg-Lothringen (Gesetz
betreffend die Landesverweisung und die bernahme des Vermgens des
Hauses Habsburg-Lothringen) was enacted. The relevant provisions of
this Act state (translation; German original appended as Annex I):
"Section 5
The Republic of Austria is the proprietor of the
entire movable and immovable property on its territory of the
Court treasury as well as properties tied to the previously
(H.C. KRGER)
(C.A. NRGAARD)