Resolution ResDH(2001)1 concerning the judgment of the European Court of Human Rights of 11 January 2000 (final on 11 April 2000) in the case of News Verlags GmbH and CoKG 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 News Verlags GmbH and CoKG case delivered on 11 January 2000 and transmitted to the Committee of Ministers once it had became final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 31457/96) against Austria, lodged with the European Commission of Human Rights on 13 March 1996 under former Article 25 of the Convention by a company with its seat in Austria, News Verlags GmbH and CoKG , and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the court decisions absolutely prohibiting the applicant company from publishing the picture of a suspect in the context of reports on criminal proceedings against him violated the applicant company's right to freedom of expression and discriminated against it in relation to other media;

Whereas in its judgment of 11 January 2000 the Court unanimously:

- held that there had been a violation of Article 10 of the Convention;

- held that it was not necessary to examine the complaint under Article 14 of the Convention taken in conjunction with Article 10;

- held that the judgment constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained;

- held that the respondent State was to pay the applicant company, within three months from the date on which the judgment became final, 276 105 Austrian schillings and 2 groschen 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 compagny'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 11 January 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution);

Having satisfied itself that on 3 July 2000, within the time-limit set, the Government of the respondent State paid the applicant company the sum provided for in the judgment of 11 January 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.

Appendix to Resolution ResDH(2001)1

Information provided by the Government of Austria during the examination of the News Verlags GmbH and CoKG case by the Committee of Ministers

The judgment of the European Court of Human Rights has been brought to the attention of the public, as well as of the authorities directly concerned, by its publication in German in a number of Austrian legal journals, i.e. the Österreichische Juristenzeitung (ÖJZ 2000/10), the ÖIMR-Newsletter No. 2000/1and ecolex (ecolex 2000, 321).

Given the direct effect given to the European Convention on Human Rights and the Court's case-law by Austrian courts (see, for instance, the Resolutions adopted in the cases Bönisch, DH (87) 1, Oberschlick, DH (93) 60 and Gaygusuz, DH (98) 372), the Government considers that these measures are sufficient to ensure for the future an interpretation of Section 78 of the Copyright Act in conformity with this judgment, thus avoiding new violations of the same kind.

The Government considers, in view of these measures, that Austria has met its obligations under Article 46, paragraph 1 of the Convention.