54268/00, §   38, 18 November 2004; and Beshiri and Others v. Albania , no. 7352/03, §   60, 22 August 2006). 44.

As a result, it has not been demonstrated that a claim under Article 6.271 of the Civil Code would have been an effective remedy in the applicant’s case (see, mutatis mutandis , Beshiri and Others v.

Albania , no. 37959/02, § 43, 29 July 2008; Beshiri and Others v.   Albania , no. 7352/03, § 32, 22 August 2006 and Balliu v. Albania (dec), no.   74727/01, 16 June 2005).

Beglari, a lawyer practising in Judenburg. A.     The circumstances of the case The facts of the case, as submitted by the applicants, may be summarised as follows.

It does not consider itself bound by the characterisation given by an applicant or a government (see Berhani v. Albania , no. 847/05, § 46, 27 May 2010; and Scoppola v.

It further referenced the Strasbourg Court’s findings in the cases of Beshiri and Others v.

Beglari, a lawyer practising in Judenburg. 2.     The Austrian Government (“the Government”) were represented by their Agent, Ambassador H.

  Albania (dec.), no. 74727/01, 30 September 2004; Beshiri and Others v.   Albania , no.   7352/03, §§ 30-34, 22 August 2006; and Jakupi v. Albania (dec.), no.

Albania , no. 54268/00, §   38, 18 November 2004; Beshiri and Others v. Albania , no. 7352/03, §   60, 22 August 2006). 52 .

  77784/01, ECHR 2002-VIII); in cases concerning a new compensatory remedy in respect of interferences with property rights (see Beshiri and Others v.

respondent Government that a claim under Article 6.271 of the Civil Code would have been an effective remedy in the first applicant’s case and would have had any prospect of success (see, mutatis mutandis , Beshiri

  74727/01), subsequently upheld in Beshiri and Others v. Albania , (no.

It does not consider itself bound by the characterisation given by an applicant or a government (see Berhani v. Albania , no. 847/05, § 46, 27 May 2010; and Scoppola v.

to challenge such statements, at the time they were taken or at a later stage of the proceedings, their use does not run counter to the guarantees of Article 6 §§ 1 and 3 (d) of the Convention (see Berhani