Resolution ResDH (2002)18 concerning the judgment of the European Court of Human Rights of 12 June 2001 in the case of Siebenhandl against Austria

(Adopted by the Committee of Ministers on 6 Marc h 2002 at the 783rd 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 Siebenhandl case delivered on 12 June 2001 and transmitted the same day to the Committee of Ministers the same day under Article 46 of the Convention; Recalling that the case originated in an application (No. 31778/96) against Austria, lodged with the European Commission of Human Rights on 19 April 1996 under former Article 25 of the Convention by Mr Johann Siebenhandl , an Austrian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant’s complaints that : restrictions placed on his property by various planning decisions of the Vienna municipality were discriminatory and violated his right of property (complaint under Article 1, of Protocol No. 1, taken alone and in conjunction with Articles 14 and 18); he was deprived of access to a court with regard to a building prohibition (complaint under Articles 6 and 13); Whereas in its judgment of 12 June 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, 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 to the applicant, immediately after the notification of the judgment, a sum of 3 150 000 Austrian schillings in respect of any possible claims; 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 5 July 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measures was required in the present case to conform to the Court’s judgment, 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.