2.8 On 16 November 1990, the author brought a legal action against his second dismissal from service, dated 9 November 1990. Despite his objection, the proceedings were suspended on 19 March 1991, pending the final outcome of the proceedings against the first dismissal. Subsequent to the Supreme Court’s decision of 6 November 1991, legal proceedings in respect of the second dismissal resumed, and, on 25 November 1993, the Salzburg Regional Court rejected the author’s claim. On 29 November 1994, the Linz Court of Appeal and, on 29 March 1995, the Supreme Court, dismissed the author’s appeals, finding him guilty of negligent breaches of duty, which justified his dismissal. 2.4 On 27 October 1988, the Board of the Insurance initiated disciplinary proceedings against the author and suspended him on reduced pay. On 22 February 1989, a disciplinary committee was constituted. The author was accused of inappropriate conduct involving personal enrichment, at the expense of his employer. On 22 January 1990, the disciplinary committee, having met several times in camera, found the author guilty on certain counts, such as illegal prescription of medication to the financial detriment of his employer, a violation of his loyalty and confidentiality duties by holding a press conference on the charges against his former supervisor, and the illegal admission of patients to a specific rehabilitation centre. No appeal from this decision was possible. 2.9 On 7 February 1996, the author lodged an application with the former European Commission on Human Rights, alleging violations of his rights under articles 6, 10, 13 and 14 of the European Convention on Human Rights and Fundamental Freedoms, as well as article 2, paragraph 1, of Protocol No. 7 thereto. This application was never examined by the Commission. Instead, the European Court of Human Rights, sitting as a panel of three judges, on 17 March 2000 (after the entry into force of Protocol No. 11), declared the application inadmissible. With regard to the author’s complaints about the disciplinary proceedings instituted by his employer, the Court held that “the role of the Health Insurance Office was that of a private employer, 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 […]”.2 The Court concluded that this part of the application was incompatible ratione personae with the Convention. With respect to articles 13 and 14 of the Convention as well as article 2 of Protocol No. 7, the Court found that the matters complained of did not disclose any appearance of a violation of these rights.3 2.5 On 23 January 1990, the Insurance purported to dismiss the author from service on the basis of the disciplinary committee’s findings, allegedly without having complied with certain procedural requirements. After complying with these requirements, the Insurance, on 9 November 1990, stated that it considered the first dismissal effective and, in any event, dismissed the author from service a second time. 2.6 On 14 December 1988, the author appealed against his suspension of 27 October 1988 before the Salzburg Regional Court (Landgericht Salzburg) which, by decision of 15 February 1989, dismissed his action. On 19 September 1989, the Linz Court of Appeal (Oberlandesgericht Linz) dismissed his appeal; but the Supreme Court (Oberster Gerichtshof), on 28 February 1990, allowed the author’s appeal and referred the case back to the Regional Court, holding that it had not been established whether sufficient grounds for the suspension existed. On 7 August 1990, the Salzburg Regional Court again rejected the author’s claim. This decision was upheld by the Linz Court of Appeal on 29 January 1991. On 10 July 1991, the Supreme Court again granted the author’s appeal, holding that the lower courts had again failed to establish sufficient grounds for the author’s suspension. On 13 July 1992, the Salzburg Regional Court rejected the author’s legal action for the third time. Both the Linz Court of Appeal, on 9 March 1993, and the Supreme Court, on 22 September 1993, dismissed the author’s appeal. The complaint 3.1 The author claims that he is a victim of violations of articles 14, paragraph 1, and 26 of the Covenant because he was denied equal access to an independent and impartial tribunal, as the Austrian courts only reviewed the findings of the disciplinary committee for gross irregularities. 2.7 The author also brought a legal action against his first dismissal from service, dated 23 January 1990. On 9 October 1990, the Salzburg Regional Court, acting under its labour and social law jurisdiction, granted the author’s claim. On 11 June 1991, the Linz Court of Appeal and, on 6 November 1991, the Supreme Court dismissed the employer’s appeal, holding that the employment relationship between the author and his employer remained effective. 2 European Court of Human Rights, 3rd Section, decision on admissibility, Application No. 30370/96 (Walter A.F. Kollar v. Austria), 17 March 2000, at para. 1. 3 22 Ibid., at para. 3.