resolution DH (2000) 42

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 30 NOVEMBER 1999 IN THE CASE OF ERNST AND ANNA LUGHOFER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 10 April 2000 at the 704th 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 Ernst and Anna Lughofer case delivered on 30 November 1999 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 22811/93) against Austria, lodged with the European Commission of Human Rights on 27 September 1993 under former Article 25 of the Co n vention by Mr Ernst Lughofer and Ms Anna Lughofer , Austrian nationals, and that the Commission declared admissible their complaint that they had been denied a public hearing before the administrative court when bringing proceedings concerning the readjustment of real property titles;

Recalling that the case was brought before the Court by the applicants on 22 October 1998 under Protocol No. 9 to the Convention;

Whereas in its judgment of 30 November 1999 the Court unanimously:

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

- held that the Government of the respondent State was to pay the applicants, within three months, 30 965,42 Austrian schillings in respect of non-pecuniary damage 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 applicants' claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of 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 30 November 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 recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the entry into force on 1 September 1997 of the amendment to the Administrative Court Act which integrated into Austrian law the requirements of Article 6 of the Convention regarding the holding of public hearings (see Resolution DH (97) 405 in the Stallinger and Kuso case against Austria), and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that the Government of the respondent State paid the a p plicants, within the time-limit set, the sum provided for in the judgment of 30 November 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.