Resolution ResDH(2005) 97

concerning the judgment of the European Court of Human Rights of 24 February 2005 (final on 24 May 2005 ) in the case of Kern against Austria

(Adopted by the Committee of Ministers on 26 October 2005 at the 940 th 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 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Kern case delivered on 24 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. 14206/02) against Austria, lodged with the European Court of Human Rights on 2 April 2002 under Article 34 of the Co n vention by Mr Franz Kern, an Austrian national, and that the Court declared admissible the complaint concerning the excessive length of proceedings related to civil rights and obligations before certain administrative authorities and in particular the Administrative Court ( Verwaltungsgerichtshof ) ;

Whereas in its judgment of 24 February 2005 the Court unanimously:

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

- 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 non-pecuniary damage and 3 135.70 euros in respect of costs and expenses , plus any amount that may be due in tax, 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 24 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 this 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 (see Final Resolution DH(2004)77) in the G.S. case against Austria), in particular through the entry into force on 20 April 2002 of the Administrative Reform Act 2001, which aimed to alleviate the case-load of the Administrative Court and accelerate administrative proceedings as well as the adoption of legal measures to prevent the Administrative Court from being overburdened by clone cases, and indicated that the judgment has automatically been transmitted to the Presidency of the above-mentioned Court. Furthermore, judgments of the European Court were accessible to all judges and state attorneys through the internal database of the Austrian Ministry of Justice ;

Having satisfied itself that on 10 June 2005, within the time-limit set, the government of the respondent state had paid the applicant the sums provided in the judgment of 24 February 2005,

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.