Resolution ResDH(2000)141

concerning the judgment of the European Court of Human Rights of 21 December 1999 in the case of W.R. against Austria

(Adopted by the Committee of Ministers on 18 December 2000 at the 732 nd 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 W.R. case delivered on 21 December 1999 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. 26602/95) against Austria, lodged with the European Commission of Human Rights on 13 February 1995 under Article 25 of the unamended Co n vention by Mr W.R. , an Austrian national, and that the Commission declared admissible the complaint of the excessive length of certain proceedings concerning civil rights and obligations before disciplinary courts and the Constitutional Court;

Recalling that the case was brought before the Court by the Commission on 2 November 1998 and by the applicant, under Protocol No. 9, on 18 November 1998;

Whereas in its judgment of 21 December 1999 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the respondent State was to pay the applicant, within three months, 30 000 Austrian schillings in respect of non-pecuniary damage and 42 860 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 claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 21 December 1999, having regard to Austria’s obligation under Article 46, paragraph 1, of the Conve n tion 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, namely to the Austrian Constitutional Court, to the Appeal Commission (Oberste Berufungs-und Disziplinarkommission) as well as to the Upper Austrian Lawyers’ Chamber (Oberösterreichische Rechtsanwaltskammer) ;

Having satisfied itself that on 13 and 17 March 2000, within the time-limit set, the Government of the respondent State paid the a p plicant the sums provided for in the judgment of 21 December 1999,

Declares, after having taken note of the information supplied by the Government of Austria, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.