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U.S. v. AUSTRIA

Doc ref: 18859/91 • ECHR ID: 001-45725

Document date: May 17, 1995

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U.S. v. AUSTRIA

Doc ref: 18859/91 • ECHR ID: 001-45725

Document date: May 17, 1995

Cited paragraphs only

EUROPEAN COMMISSION OF HUMAN RIGHTS

FIRST CHAMBER

Application No. 18859/91

U.S.

against

Austria

REPORT OF THE COMMISSION

(adopted on 17 May 1995)

TABLE OF CONTENTS

Page

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3

PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4

INTRODUCTION

1. This Report relates to the application introduced under

Article 25 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms by U.S. against Austria on

10 September 1991. It was registered on 25 September 1991 under file

No. 18859/91.

The applicant was represented by Mr. Karl KRÜCKL, a lawyer

practising in Linz.

The Government of Austria were represented by their Agent,

Mr. F. Cede, Ambassador, Head of the International Law Department at

the Federal Ministry of Foreign Affairs.

2. The application relates to the length of civil proceedings which

the applicant instituted against a lawyer in September 1982.

3. On 29 June 1994 the Commission (First Chamber) declared the

application admissible. It then proceeded to carry out its task

under Article 28 para. 1 of the Convention which provides as follows:

"In the event of the Commission accepting a petition referred to

it:

a. it shall, with a view to ascertaining the facts, undertake

together with the representatives of the parties an examination

of the petition and, if need be, an investigation, for the

effective conduct of which the States concerned shall furnish all

necessary facilities, after an exchange of views with the

Commission;

b. it shall at the same time place itself at the disposal of

the parties concerned with a view to securing a friendly

settlement of the matter on the basis of respect for Human Rights

as defined in this Convention."

4. The Commission (First Chamber) found that the parties had reached

a friendly settlement of the case and on 17 May 1995 it adopted this

Report, which, in accordance with Article 28 para. 2 of the Convention,

is confined to a brief statement of the facts and of the solution

reached.

The following members were present when the Report was adopted:

Mr. C.L. ROZAKIS, President

Mrs.J. LIDDY

MM. E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

G. RESS

A. PERENIC

C. BÎRSAN

PART I

STATEMENT OF THE FACTS

5. The applicant is an Austrian citizen, born in 1950 and resident

in Leonding.

6. On 28 September 1982 the applicant brought an action for damages

against a lawyer alleging that he had caused her damage in that he

wrongly advised her in company law matters.

7. The last judgment in the matter was, on appeal, given on

15 June 1993 and became final on 20 September 1993. The applicant's

claims were granted in part.

PART II

SOLUTION REACHED

8. Following the decision on the admissibility of the application,

the Commission (First Chamber) placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 para. 1 (b) of the Convention and invited the parties

to submit any proposals they wished to make.

9. In accordance with the usual practice, the Chamber Secretary,

acting on the Commission's instructions, contacted the parties to

explore the possibilities of reaching a friendly settlement.

10. By letter of 20 January 1995 the respondent Government informed

the Commission that they had agreed on the terms of a friendly

settlement with the applicant, and submitted the following declaration:

[Translation]

"1. The Austrian Government will pay to the applicant a sum

amounting to altogether AS 61,213 as compensation in respect of

any possible claims relating to the present application. This

sum includes AS 21,213 in respect of the counsel's fees and

expenses incurred in the proceedings before the Commission.

...

2. The applicant declares her above-mentioned application

settled.

3. The applicant waives any further claims against the

Republic of Austria relating to the present application."

[German]

"1. Die österreichische Regierung zahlt der Beschwerdeführerin

als Ausgleich für sämtliche etwaige Ansprüche im Zusammenhang mit

der vorliegenden Individualbeschwerde einen Betrag von ÖS 61.213.

Dieser Betrag umfasst ÖS 21.213 hinsichtlich der Gebühren und

Auslagen, die im Rahmen des Verfahrens vor der Kommission

entstanden sind.

...

2. Die Beschwerdeführerin erklärt ihre oben genannte

Beschwerde als erledigt.

3. Die Beschwerdeführerin verzichtet auf die Geltendmacheng

allfälliger weiterer Forderungen gegen die Republik Österreich

im Zusammenhang mit dem der Beschwerde zugrundeliegenden

Sachverhalt."

11. This letter was communicated to the applicant's counsel. In

reply the applicant submitted a signed copy of the friendly settlement

declaration on 3 March 1995.

12. At its session on 17 May 1995, the Commission noted that the

parties had reached an agreement regarding the terms of a settlement.

It further considered, having regard to Article 28 para. 1 (b) of the

Convention, that the friendly settlement of the case had been secured

on the basis of respect for Human Rights as defined in the Convention.

13. For these reasons, the Commission adopted the present Report.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (C.L. ROZAKIS)

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