Resolution ResDH (2001)163 concerning the judgment of the European Court of Human Rights of 3 October 2000 in the case of Löffler against Austria

(Adopted by the Committee of Ministers on 17 December 2001 at the 775 th 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 Löffler case delivered on 3 October 2000 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. 30546/96) against Austria, lodged with the European Commission of Human Rights on 12 January 1996 under former Article 25 of the Convention by Mr Hans Peter Löffler , an Austrian national, and that the Commission declared admissible the complaint that the length of certain criminal proceedings was excessive; Recalling that the case was brought before the Court by the applicant, under Protocol No. 9, on 3 November 1998; Whereas in its judgment of 3 October 2000 the Court unanimously: - held that there had been a violation of Article 6, paragraph 1, of the Convention; - held that the government of the respondent state was to pay the applicant within three months, 100 000 Austrian schillings in respect of non-pecuniary damage and 20 000 Austrian schillings in respect of costs and expenses 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 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 3 October 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 indicated that the Court’s judgment had been sent out to the authorities directly concerned; Having satisfied itself that on 14 November 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 3 October 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.