Final resolution DH (98) 283

HUMAN RIGHTS

APPLICATIONS Nos. 16942/90 and 18624/91

LAGLER II & LAGLER III AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th 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 Interim Resolutions DH (96) 373 and DH (96) 374, adopted on 25 June 1996 in the cases of Lagler II & Lagler III against Austria, in which the Committee of Ministers decided that there had been in each of these cases a violation of Article 6, paragraph 1, of the Convention and to make public the reports of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its reports as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 7 December 1997;

Whereas, at the 605th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 29 October 1997, in  accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay the applicant as just satisfaction, within three months, the sum of 63 000 Austrian schillings in respect of non-pecuniary damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 25 June 1996 and 29 October 1997, having regard to Austria’s obligation under Article 32, paragraph 4 of the Convention to abide by them;

Whereas, during the examination of the cases by the Committee of Ministers, the government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions; this information a p pears in the appendix to this resol u tion;

Considering that there is no indication, in the circumstances of the present cases, that the procedure mentioned by the Austrian Government according to which the sum awarded to the applicant as just satisfaction has been set off debts owed by the applicant to the State, constitutes an interference with any of the applicant's rights under the Convention;

Declares, after having taken note of the information supplied by the Government of Austria, that it has exercised its fun c tions under Article 32 of the Convention in these cases.

Appendix to Resolution DH (98) 283

Information provided by the Government of Austria during the examination of the Lagler II & III cases by the Committee of Ministers

The reports of the European Commission of Human Rights as well as the Committee of Ministers' decisions adopted in the present cases have been transmitted to the authorities directly concerned in order to point out their obligations under the Convention.

With reference to the sum of 63 000 Austrian schillings awarded by the Committee of Ministers for non-pecuniary damage, the Federal Ministry of justice notified the applicant, by letter of 15 January 1998, of the fact that it had set off the amount of the just satisfaction against the State's claims for reimbursement of advance payments made to cover part of the unpaid maintenance (see paragraph 30 of the Unterhaltsvorschussgesetz ) amounting to 160 408 Austrian schillings owed by the applicant in respect of his two sons. It is to be noted that the claims in question bear no relation with the violation found in the present cases.