Resolution CM/ ResDH (2012)2 [1]

Execution of the judgment of the European Court of Human Rights

European University Press GmbH 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

European University Press GmbH (36942/05)

24/06/2010

24/09/2010

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 ‑ D D (2011)213 - 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 this case and

DECIDES to close its examination thereof.

European University Press GmbH against Austria

Action Report

Payment:

Date:

The amount of 3.000 EURO has been paid to the applicant in due time (the judgment became final on 24/09/2010

19/10/2010

Publication:

Date:

An analysis of the case has been disseminated by means of Circular Note BKA-670.311/0023-V/5/2010 of 22 September 2010 to

- all Federal Ministries,

- the Constitutional Court ,

- the Administrative Court,

- the Supreme Court,

- the Asylum Court ,

- Parliament,

- the governments of all nine Austrian Länder ,

- the Liaison Office of the Länder with the federal authorities,

- all human rights co-ordinators at the federal ministries,

- all independent administrative panels of the Länder , as well as

- all directorates-general of the Federal Chancellery.

It has also been published on the homepage of the Prime Minister ’ s Office (Federal Chancellery) at: http://www. b ka.gv.at/site/3465/default.aspx

22/09/2010

General measures :

Date:

Given the circumstances of the case, no further General Measures seem necessary, as the wide dissemination of the judgment clearly sets out the European Court ’ s of Human Rights stance on the matter, so that future similar violations will be avoided.

Individual measures:

No further Individual Measures seem necessary (please note that the ECtHR itself in para 36 of the judgment “cannot discern any causal link between the violation found and the pecuniary damage alleged.”)

Date:

[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.