Fundamental Rights Section
therefore be considered as a person, is not just a programmatic, but a central norm of our
legal system. This norm recognises personality as a basic value. From it - as well as from
other values protected by our legal system (Art. 8 ECHR, Sect. 1 DSG, Sects. 77 and 78
UrhG a.o.) - it can be derived that everyone has by birth the right to respect for his privacy.
The protection provided in the individual case depends on a weighing of all interests at
stake (SZ 67/173 with further quotations from case law and legal theory).
III. The Ombudsman Board therefore called on the mayor of the Municipality of Amstettner
Veranstaltungsbetriebe Gesellschaft m.b.H. pursuant to Sect. 20 GmbHG (Gesetz über
Gesellschaften mit beschränkter Haftung - Private Limited Company Act), to lift the bathing
ban imposed with respect to the leisure centre Ulmerfeld-Hausmenig and the nature swimming pool Amstetten for the respective season; furthermore, to remove the complainant's
photo, displayed visibly to all visitors of the swimming pool, and to inform the Ombudsman
Board about the implementation of these measures.
IV. With respect to the questioning of the Ombudsman Board's responsibility by the Municipality of Amstetten, the Ombudsman Board pointed out to the mayor of the Municipality of
Amstetten that the abstract from the commercial register of Amstettner Veranstaltungsbetriebe Gesellschaft m.b.H., commercial register number 80480d of the St. Pölten Regional
Court, of September 7, 2004 revealed that the sole shareholder of this private limited company, with a fully paid up share capital contribution, is the Municipality of Amstetten.
Pursuant to the lease of 1983, the Municipality of Amstetten has leased the indoor swimming pool Amstetten with all related facilities as well as the outdoor swimming pool with all
related facilities to Amstettner Veranstaltungsbetriebe Gesellschaft m.b.H. for an unlimited
period.
It was stated in the articles of association that the company is inspected by the Municipality's inspection bodies.
Since Amstettner Veranstaltungsbetriebe Gesellschaft m.b.H. is subject to the inspection
bodies of the Municipality of Amstetten, there is no doubt that the Ombudsman Board is
responsible to review the present case.
V. The mayor of the Municipality of Amstetten made a statement on December 1, 2004 in
which he informed the Ombudsman Board that the bathing ban imposed on the complainant for the entire season was lifted on September 5, 2004 and the photo at the entrance to
64
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents