ABSTRACT
On 16 October 1987 Mr Helmut Umlauft was stopped by the police while driving his car. He refused to submit to a breath test. In a sentence order of the same day the Bregenz district authority ordered him to pay a fine of ATS 10,000 with 480 hours’ imprisonment in default, for an offence under the Road Traffic Act. The applicant’s appeal against that decision to the Vorarlberg regional government, was dismissed on 19 January 1988. On 8 March 1988 he applied to the Constitutional Court. On 14 October 1988, at the conclusion of a consideration of the case in private, the Constitutional Court declined to accept the appeal for adjudication. At the applicant’s request, it referred the application to the Administrative Court on 13 December 1988. On 20 January 1989 the Administrative Court dismissed the appeal. The court refused to refer the case to the Constitutional Court. He complained that he had not had access to a court with full jurisdiction. Comm found unanimously V 6(1) as regards access to a court and that no separate issue arose under as to the failure to hold a hearing.
