proceedings before the Committee and the Strasbourg organs, that the new European Court of Human Rights has succeeded to the former European Commission by taking over its functions. complaint related to the limited review of the decision of the disciplinary committee by the Austrian courts, the Committee notes that the European Court considered “that the disciplinary proceedings complained of were not conducted by a body exercising public power, but were internal to the applicant’s workplace for the purpose of establishing whether or not he should be dismissed”. On this basis, the Court concluded that the author’s right to an effective remedy (article 13 of the European Convention and article 2, paragraph 1, of Protocol No. 7) had not been violated. 8.3 The Committee considers that a reformulation of the State party’s reservation, upon re-ratification of the Optional Protocol, as suggested by the author, only to spell out what is in fact a logical consequence of the reform of the European Convention mechanisms, would be a purely formalistic exercise. For reasons of continuity and in the light of its object and purpose, the Committee therefore interprets the State party’s reservation as applying also to complaints which have been examined by the European Court. 8.6 The Committee further observes that, despite certain differences in the interpretation of article 6, paragraph 1, of the European Convention and article 14, paragraph 1, of the Covenant by the competent organs, both the content and scope of these provisions largely converge. In the light of the great similarities between the two provisions, and on the basis of the State party’s reservation, the Committee considers itself precluded from reviewing a finding of the European Court on the applicability of article 6, paragraph 1, of the European Convention by substituting its jurisprudence under article 14, paragraph 1, of the Covenant. The Committee accordingly finds this part of the communication inadmissible under article 5, paragraph 2 (a), of the Optional Protocol, as the same matter has already been examined by the European Court of Human Rights. 8.4 With respect to the author’s argument that the European Court has not “examined” the substance of his complaint when it declared the application inadmissible, the Committee recalls its jurisprudence that where the European Commission has based a declaration of inadmissibility not solely on procedural grounds,10 but on reasons that comprise a certain consideration of the merits of the case, then the same matter has been “examined” within the meaning of the respective reservations to article 5, paragraph 2 (a), of the Optional Protocol.11 In the present case, the European Court went beyond an examination of purely procedural admissibility criteria, considering that the author’s application was inadmissible, partly for incompatibility ratione personae, partly because it disclosed no appearance of a violation of the provisions of the Convention. The Committee therefore concludes that the State party’s reservation cannot be denied simply on the assumption that the European Court did not issue a judgment on the merits of the author’s application. 8.7 With regard to the author’s claim under article 26 of the Covenant, the Committee recalls that the application of the principle of non-discrimination in that provision is not limited to the other rights guaranteed in the Covenant and notes that the European Convention contains no comparable discrimination clause. However, it equally notes that the author’s complaint is not based on free-standing claims of discrimination, since his allegation of a violation of article 26 does not exceed the scope of the claim under article 14, paragraph 1, of the Covenant. The Committee concludes that this part of the communication is also inadmissible under article 5, paragraph 2 (a), of the Optional Protocol. 8.5 As regards the author’s contention that the European Court has not examined his claims under article 6, paragraph 1, of the Convention regarding the proceedings before the disciplinary committee, and that it has not even formally decided on his 10 9. The Human Rights Committee therefore decides: See, for example, Communication No. 716/1996, Pauger v. Austria, Views adopted on 25 March 1999, at para. 6.4. (a) That the communication is inadmissible under article 5, paragraph 2 (a), of the Optional Protocol; 11 See, for example, Communication No. 121/1982, A.M. v. Denmark, decision on admissibility adopted on 23 July 1982, at para. 6; Communication No. 744/1997, Linderholm v. Croatia, decision on admissibility adopted on 23 July 1999, at para. 4.2. (b) That this decision shall be communicated to the State party and to the author. 26