Resolution ResDH (2003)131

concerning the judgment of the European Court of Human Rights of 20 December 2001 (final on 20 March 2002) in the case of Baischer against Austria

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th 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 Baischer case delivered on 20 December 2001 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. 32381/96) against Austria, lodged with the European Commission of Human Rights on 29 May 1996 under former Article 25 of the Co n vention by Mr Erwin Baischer , an Austrian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the absence of a public hearing in administrative criminal proceedings conducted before an Independent Administrative Panel ( Unabhängige Verwaltungssenat ) against the applicant for an administrative offence under the Motor Vehicles Act ( Kraftfahrgesetz ) ;

Whereas in its judgment of 20 December 2001 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 in respect of non-pecuniary damage;

- held that the government of the respondent state was to pay the applicant, within three months from the date on which the judgment became final, 32 688,50 Austrian schillings in respect of costs and expenses and that simple interest at an annual rate of 4% would be payable on this sum 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 20 December 2001, 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 under Article 51e of the Code of Administrative Offences a hearing was necessary in the present case indicated that the European Court’s judgment had been published in the Osterreichische Juristenzeitung , No. 12/2002, and sent out to the authorities directly concerned in order to draw their attention to the necessity of complying with the applicable legislation;

Having satisfied itself that on 13 May 2002, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 20 December 2001,

Declares, after having taken note of 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.