RESOLUTION DH (98) 143

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 20 OCTOBER 1997 IN THE CASE OF RADIO ABC AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 11 June 1998 at the 633rd 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 Radio ABC case delivered on 20 October 1997 and transmitted the same days to the Committee of Ministers;

Recalling that the case originated in an application (No. 19736/92) against Austria, lodged with the European Commission of Human Rights on 30 December 1991 under Article 25 of the Convention by Radio ABC, an association under Austrian law, and that the Commission declared admissible the complaint concerning the impossibility for the applicant association of setting up and operating a private radio station;

Recalling that the case was brought before the Court by the Government of Austria and by the applicant association, under Protocol No. 9, on 28 August 1996;

Whereas in its judgment of 20 October 1997 the Court, unanimously:

_ held that there had been a violation of Article 10 of the Convention;

_ held that the respondent State was to pay the applicant association, within three months, 200 000 Austrian schillings in respect of costs and expenses and that simple interest at an annuel rate of 4% should be payable from the expiry of the above-mentioned three months until settlement;

_ dismissed the remainder of the applicant association's claim for just satisfaction;

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

Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 20 October 1997, having regard to Austria's obligation under Article 53 of the Convention to abide by it;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment, measures which were taken notably in the context of the case Informationsverein Lentia & others against Austria (Resolution DH (98) 142);

Having satisfied itself that on 10 December 1997, within the time-limit set, the Government of the respondent State paid the applicant association the sum provided for in the judgment of 20 October 1997,

Declares, after having taken note of the information supplied by the Government of Austria, that it has exercised its functions under Article 54 of the Convention in this case.