Resolution ResDH(2001)14 concerning the judgment of the European Court of Human Rights of 20 June 2000 (final on 20 September 2000) in the case of Mauer against Austria

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 Mauer case delivered on 20 June 2000 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. 35401/97) against Austria, lodged with the European Court of Human Rights on 23 April 1990 under former Article 25 of the Convention by Mr Wolfgang Mauer, an Austrian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning a breach in 1990 of the applicant's right of access to a tribunal due to the limited supervision exercised at that time by the Administrative Court of the decisions taken by the administrative authorities;

Whereas in its judgment of 20 June 2000 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 for any non-pecuniary damage sustained by the applicant;

- held that the respondent State was to pay the applicant, within three months from the date on which the judgment became final, 40 000 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 20 June 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 the one found in this case, in particular through the setting up in January 1991 of independent administrative tribunals in the Länder (see inter alia Resolutions DH (96) 153 and DH (96) 154 in the cases of Schmautzer and Umlauft against Austria), and indicated that the Court's judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 25 October 2000, within the time-limit set, the Government of the respondent State paid the applicant the sum provided for in the judgment of 20 June 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.