resolution DH (99) 250

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 5 MARCH 1998 IN THE CASE OF MARTE AND ACHBERGER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 15 April 1999 at the 666 th   meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Marte and Achberger case delivered on 5 March 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 22541/93) against Austria, lodged with the European Commission of Human Rights on 23 August 1993 under Article 25 of the Co n vention by two Austrian nationals, Mr Bernhard Marte and Mr Walter Achberger , and that the Commission declared admissible the applicants' complaints concerning their right of access to a court and their conviction in respect of matters that had already been subject to a previous judicial decision;

Recalling that the case was brought before the Court by the Commission on 9 July 1997;

Whereas in its judgment of 5 March 1998 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicants, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously, to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the Austrian Government would pay the applicants' counsel, Dr. Wilfried Ludwig Weh, a sum amounting altogether to 136 000 Austrian schillings (68 000 Austrian schillings for each case) as compensation in respect of any possible claims relating to the present application; the applicants declared their application settled and waived their right to any further claims before any national or international body against the Republic of Austria relating to the present application; it was furthermore agreed that the Austrian Government would take the necessary steps to implement the terms of the friendly settlement within one month after the Court's decision to strike the case out of its list;

Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

of Austria had paid the applicants’ lawyer the sums provided for in th Having satisfied itself that between 30 March and 7 April 1998, within the time agreed to in the friendly settlement, the Government e friendly settlement,

Declares that it has exe r cised its functions under Article 54 of the Convention in this case.