Resolution ResDH (2003)155

concerning the judgment of the European Court of Human Rights of 26 February 2002 (final on 26 May 2002) in the case Dichand and others against Austria

(Adopted by the Committee of Ministers on 20 October 2003 at the 854th 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 case of Dichand and others delivered on 26 February 2002 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. 29271/95) against Austria, lodged with the European Commission of Human Rights on 28 September 1995 under former Article 25 of the Co n vention by Mr Hans Dichand , an Austrian national, Krone-Verlag GmbH and Co KG, a limited partnership registered under Austrian law, and Krone-Verlag GmbH, a limited company registered under Austrian law and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicants’ complaint that their freedom of expression had been violated on account of an injunction of the Austrian Courts in 1994 prohibiting them, under Article 1330 of the Austrian Civil Code ( Allgemeines Bürgerliches Gesetzbuch ), from repeating certain statements they had published in a periodical (“ Neue Kronen-Zeitung ”), and ordering them to retract these statements;

Whereas in its judgment of 26 February 2002 the Court unanimously:

- held that there had been a violation of Article 10 of the Convention as it found that the impugned comments were not statements of fact but value judgments with some factual basis;

- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgment became final, 7 539,81 euros in respect of pecuniary damage; 20 704,82 euros in respect of costs and expenses; 1 850 euros for additional interest and that simple interest at an annual rate of 4% would be payable on those 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 judgment of 26 February 2002, 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 the one found in this case (see Resolution ResDH (2003)150 in the case of Jerusalem against Austria), in particular through the full incorporation of the judgment of the European Court of Human Rights into the Austrian legal system concerning the interpretation of Article 1330 of the Austrian Civil Code ( Allgemeines Bürgerliches Gesetzbuch ) in the light of Article 10 of the Convention, and indicated that the judgment of the European Court had been published in  «ÖIMR-Newsletter 2002/ no.1» (Austrian Institute for Human Rights Newsletter) and sent out to the authorities directly concerned;

Having satisfied itself that on 5 August 2002, within the time-limit set, the government of the respondent state had paid the a p plicants the sums provided for in the judgment of 26 February 2002,

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.