Resolution ResDH(2006)80 concerning the judgment of the European Court of Human Rights of the 3 February 2005 (final on the 3 May 2005) in the case of Thaler against Austria

(Adopted by the Committee of Ministers on 20 December 2006 at the 982nd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Thaler case delivered on the 3 February 2005 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application No. 58141/00 against Austria, lodged with the European Court of Human Rights on the 14 April 2000 under Article 34 of the Co n vention by Mr Michael Thaler , an Austrian  national, and that the Court declared admissible the complaint concerning the unfairness of a proceeding which does not fulfil the Convention’s requirements of independence and impartiality;

Whereas in its judgment of the 3 February 2005 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1 of the Convention;

- held that the finding of a violation constituted in itself sufficient just satisfaction for non-pecuniary damage;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 5 000 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of the 3 February 2005, having regard to Austria ’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the amendment of Article 345, paragraph 1, of the General Law of Social Insurance, which governs the composition of the Regional Appeals Commissions following the case of Hortolomei (application n° 17291/90), see Final Resolution DH(2004)73, and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on the 18 August 2006, after the expiry of the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of the 3 February 2005, and that the default interest due, that is 62.46 euros, was paid on the 18 August 2006,

Declares, after having examined the information supplied by the Government of Austria, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.