Resolution ResDH(2005)69 concerning the judgments of the European Court of Human Rights delivered between 3 October 2000 and 19 June 2003 (final between 3 January 2001 and 19 June 2003) in 6 cases against Austria (see appendix) concerning the excessive length of certain proceedings related to civil rights and obligations before the administrative courts

(Adopted by the Committee of Ministers on 18 July 2005 at the 933 rd meeting of the Ministers ' Deputies)

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

Having regard to the judgments of the European Court of Human Rights in the 6 cases details of which appear in the appendix to this resolution, delivered between 3 October 2000 and 19 June 2003 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that the cases originated in applications against Austria, lodged with the European Commission of Human Rights between 26 March 1996 and 23 March 1998 under former Article 25 of the Co n vention by several Austrian nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaints concerning the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;

Whereas in its judgments between 3 October 2000 and 19 June 2003 concerning these cases the Court unanimously:

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

- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction set out in the appendix to this resolution and that simple interest at the annual rate set out in the appendix to this resolution would be payable on the sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants ' 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 judgments between 3 October 2000 and 19 June 2003 , 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 cases 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 Administrative Reform Act 2001, which aims 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 Court ' s judgments had been published in the Official Law Gazette and sent out to the authorities directly concerned;

Having satisfied itself that on the dates indicated in the appendix, the government of the respondent state had paid the a p plicants the sums provided for in the judgments,

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 these cases.

Appendix to Resolution ResDH(2005)69

Details of the just satisfaction awarded to the applicants

Simple interest at an annual rate of 4%.

Case

Application

Date of judgment

Final on

Non-pecuniary damages

Costs

Date of payment

G.H.

31266/96

03/10/00

03/01/01

35 000 ATS

WALDER Franz

33915/96

30/01/01

05/09/01

200 000 ATS

25 000 ATS

10/04/02 *

LUDESCHER Helmut

35019/97

20/03/02

30 000 ATS

30 000 ATS

12/06/02

LUKSCH Heinz

37075/97

13/12/01

13/03/02

130 000 ATS

10 000 ATS

04/06/02

* paid outside the time limit because the applicant ' s lawyer refused to accept the money which was then put on a deposit.

Simple interest equal to the marginal lending rate of the European Central Bank during the default

period plus three percentage points

Case

Application

Date of judgment

Final on

Non-pecuniary damages

Costs

Date of payment

WIDMANN Johann

42032/98

19/09/03

6 000 €

1 582,92 €

KOLB Max and others

35021/97

17/04/03

17/07/03

27 000 €

4 000 €

26/09/03