Resolution ResDH (2002)37 concerning the judgment of the European Court of Hum an Rights of 21 September 2000 (final on 17 January 2001) in the case of Tele 1 Privatfernsehgesellschaft mbH against Austria

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd 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 Tele 1 Privatfernsehgesellschaft mbH case delivered on 21 September 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention; Recalling that the judgment of the Court became final on 17 January 2001 since on this date the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed; Recalling that the case originated in an application (No. 32240/96) against Austria, lodged with the European Commission of Human Rights on 2 July 1996 under former Article 25 of the Convention by Tele 1 Privatfernsehgesellschaft mbH , a company with its seat in Austria, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the applicant company was not allowed to set up and operate a television transmitter in Vienna area which constituted an infringement of its right to freedom of expression; Whereas in its judgment of 21 September 2000 the Court unanimously: - held that there had been a violation of Article 10 of the Convention in the period from 30 November 1993 to 1 August 1996; - held that there has been no violation of Article 10 of the Convention in the period from 1 August 1996 to 1 July 1997; - 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, 200,000 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 satisfaction; 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 measures which had been taken in consequence of the judgment of 21 September 2000, having regard to Austria’s obligation under Article 46, paragraph 1, of the Convention 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 that found in this case, notably in the cases of Informationsverein Lentia and others and Radio ABC against Austria (see Resolutions DH (98) 142 and DH (98) 143 respectively); Having satisfied itself that on 13 April 2001, within the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 21 September 2000, Declares, after having taken note of the information supplied by the Government of Austria, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.