Resolution ResDH (2003)139

concerning the judgment of the European Court of Human Rights of 28 November 2002 (Friendly settlement) in the case of Informationsverein Lentia II 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 final judgment of the European Court of Human Rights in the case of Informationsverein Lentia II 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. 37093/97 ) against Austria, lodged with the European Commission of Human Rights on 26 May 1997 under former Article 25 of the Co n vention by Informationsverein Lentia , an association with its seat in Austria , and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the applicant association had been unable to obtain radio and television broadcasting licences, despite a judgment of the European Court of Human Rights in this respect three years earlier, until 1 August 1996, the date upon which the establishment of new radio and television channels was de-regulated;

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 association, 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 association, the global sum of 12 000 euros, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 12 December 2002, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant association the sum provided for in the friendly settlement and that general measures had already been taken following the first complaint lodged by the applicant association in particular through the entry into force, on 1 August 1996, of the new Act on cable and satellite broadcasting (See Resolution DH(98)142) ,

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.