Resolution CM/ ResDH (201 2) 1 [1]

Execution of the judgment of the European Court of Human Rights

Eigenstiller case against Austria

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”) [2] ,

Having regard to the judgment transmitted by the Court to the Committee once it became final;

Case name (App. No.)

Judgment of

Final on

Eigenstiller (42205/06)

14/10/2010

14/01/2011

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;

Having invited the authorities of the respondent State to provide an action plan concerning the measures proposed to execute the judgment;

Having, in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action report, document DH ‑ DD(2 0 11)282 - see below);

Having noted that the respondent State paid the a p plicant the just satisfaction, as provided in the judgment;

DECLARES, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close its examination thereof.

Eigenstiller case against Austria

Action Report

Payment:

Date:

The amount of 10.200 EURO has been paid to the applicant in due time (the judgment became final on 14/01/2011)

22/02/2011

Dissemination and publication:

Date:

The Judgment has been sent to the Federal Chancellor ’ s office and to the Federal Ministry of Justice ( BMeiA -AT. 8.19.06/0517-I.7/2010).

The circular note of 3 June 2011 of the Federal Chancellery was addressed to all Federal Ministries, the Constitutional Court, the Administrative Court, the Supreme Court, the Asylum Court, Parliament, the Governments of all 9 Austrian “ Länder ” , the Liaision Office of the Länder with the Federal Authorities, all Human Rights Coordinators of the Federal Ministries, all Independent Administrative Panels of the Länder , as well as all Directorates-General of the Federal Chancellery (Prime Minister ’ s Office) analysing the European Court ’ s of Human Rights case-law regarding Article 6 and Article 46 of the European Convention on Human Rights as well as Article 35 para . 3 lit. b. The present case was among the cases analysed in this circular note, which therefore have been disseminated also by this means to the relevant authorities.

Furthermore the circular note has also been published on the Federal Chancellery ’ s homepage and can be downloaded at: http://www.bka.gv.at/site/3465/default.aspx

20/10/2010

03/06/2011

General measures :

Date:

Given the circumstances of the case, which make it a solitary incident, no further General Measures are necessary.

-

Individual measures:

Date:

Since the District Court has already dissolved the marriage between the applicant and his former wife, no further Individual Measures seem necessary.

-

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .

[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec (2004)6 of the Committee of Ministers to member S tates on the improvement of domestic remedies.