INTERIM resolution DH ( ) 378

HUMAN RIGHTS

APPLICATION No. 26113/95

WIRTSCHAFTS-TREND ZEITSCHRIFTEN VERLAGSGESELLSCHAFT m.b.H.

AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 16 April 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 20 December 1994 by an Austrian company, Wirtschafts-Trend Zeitschriften Verlagsgesellschaft m.b.H. against Austria;

Whereas on 18 May 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 1 September 1998 that this case would not be considered by the Court; whereas the Committee of Ministers is now therefore called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in its application, declared admissible by the Commission on 23 October 1997, the applicant company, owner of a periodical, complained that a decision of the Vienna Court of Appeal ordering it to publish the text of a judgment finding that an article published in its periodical was defamatory and to pay the costs of the proceedings violated its right to freedom of expression and that the proceedings were unfair in that the Vienna Court of Appeal refused to hear witnesses called by the applicant company in its defence;

Whereas in its report the Commission expressed, by twelve votes to three, the opinion that there had been a violation of Article 10 of the Convention and that it was not necessary to examine separately whether there had been a violation of Article 6 of the Convention;

Whereas, at the 647th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 12 November 1998, that there had been in this case a violation of Article 10 of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution .