Resolution ResDH(2005) 103

concerning the judgment of the European Court of Human Rights of 28 November 2002 (Friendly settlement) in the case of Walter against Austria

(Adopted by the Committee of Ministers on 26 October 2005 at the 940th 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 final judgment of the European Court of Human Rights in the Walter case delivered on 28 November 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 34994/97) against Austria, lodged with the European Commission of Human Rights on 7 April 1996 under former Article 25 of the Co n vention by Mr Ernst Walter, an Austrian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning a breach of his right of access to a court in the context of proceedings he sought to bring under Austrian media law ;

Whereas in its judgment of 28 November 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Austria would pay the applicant the sum of 7 000 euros in respect of non-pecuniary damages and for costs and expenses, within three months as from the delivery of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that on 28 January 2003, within time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to abide by the Court ' s judgment,

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.