FINAL RESOLUTION DH (98) 1

HUMAN RIGHTS

APPLICATION No. 20197/92

KÖRNER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th 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 Interim Resolution DH (96) 252, adopted on 15 May 1996 in the case of Körner against Austria (Application No. 20197/92), in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated on 13 June 1997 ;

Whereas, at the 599th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 17 September 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Austria was to pay the applicant as just satisfaction, within three months, the sum of 20 000 Austrian schillings in respect of non-pecuniary damage and the sum of 15 000 Austrian schillings in respect of costs and expenses, namely a total sum of 35 000 Austrian schillings and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 Austria to inform it of the measures taken following its decisions of 15 May 1996 and 17 September 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 case by the Committee of Ministers, the Government of Austria accordingly indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 15 October 1997, within the time-limit set, the Government of Austria paid the applicant the total sum of 35 000 Austrian schillings as just satisfaction,

Declares, having taken note of the measures taken by the Government of Austria, that it has exercised its functions under Article 32 of the Convention in this case.