RESOLUTION DH (97) 404

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 18 FEBRUARY 1997

IN THE CASE OF MAUER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 Mauer case delivered on 18 February 1997 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in two applications (Nos. 16566/90 and 16898/90) against Austria, lodged with the European Commission of Human Rights respectively on 18 January and 14 May 1990 under Article 25 of the Convention by Mr. Wolfgang Mauer, an Austrian national, and that the Commission declared admissible the complaints concerning the right to access to a Court and the absence of a fair and public hearing ;

Recalling that the case was brought before the Court by the Commission on 15 September 1995;

Whereas in its judgment of 18 February 1997 the Court, unanimously:

– held that there has been jurisdiction only to consider the applicant's allegations of violation of the Convention in so far as they have related to the two sets of proceedings referred to in the Commission's decisions on admissibility nos. 16566/90 and 16898/90 ;

– held that there had been a violation of Article 6, paragraph 1, of the Convention in both sets of proceedings ;

– held that it was not necessary to consider the applicant's allegations of violations of Article 6 paragraphs 3 c and 3 d of the Convention ;

– held that the judgment constituted sufficient just satisfaction in respect of any non-pecuniary damage sustained ;

– held that the respondent State was to pay the applicant, within three months, 100 000 Austrian schillings, plus value-added tax, and that simple interest at an annual rate of 4% should be payable from the expiry of the above-mentioned three months until settlement ;

– and dismissed the remainder of the applicant'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 Austria to inform it of the measures which had been taken in consequence of the judgment of 18 February 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 Austria, accordingly, recalled that measures had already been taken to prevent new violations of this kind, in particular through the setting up of independent administrative tribunals in the Länder (see, inter alia , the appendices to Resolutions DH (96) 150 (case of Palaoro against Austria), DH (96) 151 (case of Pfarrmeier against Austria), DH (96) 152 (case of Pramstaller against Austria), DH (96) 153 (case of Schmautzer against Austria) and DH (96) 154 (case of Umlauft against Austria)) ;

Having satisfied itself that on 24 March 1997, within the time-limit set, the Government of Austria paid the applicant the sums provided for in the judgment of 18 February 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.