RESOLUTION DH (98) 144

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 9 JUNE 1997 IN THE CASE OF TELESYSTEM TIROL KABELTELEVISION 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 Telesystem Tirol Kabeltelevision case delivered on 9 June 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19182/91) against Austria lodged with the European Commission of Human Rights on 29 November 1991, under Article 25 of the Convention, by Telesystem Tirol Kabeltelevision Unterland Gesellschaft m.b.H. & Co KG, a limited partnership under Austrian law, and that the Commission declared admissible the complaint concerning the impossibility for the company to broadcast its own programmes on account of the Austrian Broadcasting Corporations monopoly ;

Recalling that the case was brought before the Court by the applicant company, under Protocol No. 9, on 26 February 1996;

Whereas in its judgment of 9 June 1997 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having found that there were no reasons 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:

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;

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 in connection with the case of Informationsverein Lentia & others against Austria (see Resolution DH (98) 142);

Having satisfied itself that on 3 July 1997, the Government of Austria paid the applicant company the sum provided for in the friendly settlement,

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